Dr. Penny M. Wilkie v. Department of Health and Human Services

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Submitted: November 15, 2010

Before SMITH, BEAM, and BENTON, Circuit Judges.

Dr. Penny M. Wilkie filed suit against the United States Department of Health and Human Services (“the Department”), alleging, inter alia, that the Department violated her rights under Title VII of the Civil Rights Act of 1964. Specifically, Dr. Wilkie asserted that the Department violated her rights to (1) be free of sexual harassment and gender discrimination; (2) be free of a hostile work environment; (3) equal treatment in her place of employment; (4) enjoy the rights, privileges, and protections provided to all employees by the hospital policies, medical-staff bylaws, and all applicable state and federal laws and regulations; and (5) be free of recrimination and retaliation in her place of employment as a result of her reporting others’ wrongdoing. The district court*fn1 granted the Department’s motion to dismiss claims involving misconduct that occurred before June 18, 2005, because Dr. Wilkie failed to exhaust her administrative remedies. Additionally, the district court granted summary judgment to the Department on Dr. Wilkie’s claims for hostile work environment, constructive discharge, sex discrimination, and retaliation. Dr. Wilkie appeals, and we now affirm.

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