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Scruggs v. Garst Seed Co.

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ARGUED JUNE 4, 2008

Before BAUER, WOOD, and WILLIAMS, Circuit Judges.

Dayna Scruggs appeals from the grant of summary judgment in favor of her former employer, Garst Seed Company, on her claims of retaliation and a hostile work environment. A company-wide restructuring eliminated her position before she filed a charge of discrimination, so the company did not retaliate against her for filing the discrimination charge when it eliminated her position. In addition, although she contends the company also retaliated against her when it did not hire her for one of the open positions after the restructuring, Garst hired the person who had previously held the position. The incumbent was experienced in the job, and Scruggs has not created an issue for trial that the hiring decision was pretextual. Finally, the relatively isolated gender-based comments and remarks Scruggs’s supervisor directed toward her were not sufficiently severe or pervasive to rise to the level of a hostile work environment. Therefore, we affirm the judgment of the district court.

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