Last week, the U.S. District Court for the Eastern District of Pennsylvania held in Rosati v. Colello, No. 14-2402, 2015 U.S. Dist. LEXIS 44069 (E.D. Pa. Apr. 2, 2015), that a former employee cannot meet his or her burden of showing a prima facie case of gender discrimination, hostile work environment, or retaliation under Title VII of the Civil Rights Act of 1964 when the alleged “adverse employment actions” were isolated and not severe and pervasive enough to alter the compensation, terms, conditions, or privileges of his or her employment.

ROSATI’S EMPLOYMENT HISTORY

Patricia Rosati was a crime prevention officer in the Eighth Police District in the city of Philadelphia. Rosati took multiple leaves of absence under the Family and Medical Leave Act from 2005 through 2014 and often worked on restricted duty as the result of pregnancy or pregnancy-related conditions, according to the opinion. In February 2012, Rosati asked her immediate commander, Sgt. Michael Colello, for time off to go to a doctor’s appointment, to which Colello responded by asking if she “was going to get fixed,” the opinion said. Despite these remarks, Rosati was granted the time off she requested, but she reported Colello’s comments to her lieutenant. Later that same month, Rosati informed Colello she was pregnant, to which he responded by asking whether she “was keeping the baby,” the opinion said. Colello also apparently made comments on a weekly basis about Rosati’s shifts and child care needs.

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