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Title VII prohibits sex discrimination that creates a hostile work environment if the "discriminatory intimidation, ridicule, and insult" is sufficiently abusive to affect a "term, condition, or privilege" of employment. To state a prima facie claim of hostile work environment, plaintiff must show that: (1) she is a member of a protected class; (2) she was subjected to unwelcome harassment; (3) the harassment was based on plaintiffs sex; (4) the harassment affected a term, condition or privilege of employment; and (5) the employer knew or should have known of the harassment and failed to take any remedial action. 2. To establish a prima facie case of retaliation, plaintiff must demonstrate that: (1) she engaged in a protected activity; (2) the employer subjected the plaintiff to adverse action or to conduct that had an adverse impact on her; and (3) there is a causal link between the protected activity and the adverse action. (Copyright Notice). a convenience, and may not be complete or accurate. See Forman v. Small, 271 F.3d 285, 299 (D.C.Cir.2001); Thomas v. National Football League Players Ass'n, 131 F.3d 198, 202 (D.C.Cir. (Copyright). See Local Civil Rule 15.1 ("A motion for leave to file an amended pleading shall be accompanied by an original of the proposed pleading as amended."). Copyright Franca R. Mulligan. It all started in North Philly, where many of Philly’s original stadiums stood, before teams ultimately made their way down to Broad to South Philly. Mr. Scott is dismissed as a defendant; it is, FURTHER ORDERED that plaintiffs motion for summary judgment [13] is DNIED as moot; it is, FURTHER ORDERED that plaintiffs motion for leave to file a second amended complaint [22] is DENIED; and it is. Used by permission. (Content). An Order consistent with this Opinion shall issue this same day. Photo from slide, by Franca R.Mulligan, November 1974. On January 7,1998, the EEOCO notified Ms. Baker that her June 3, 1997 complaint "based on sexual harassment (hostile work environment)" had been accepted for formal processing and investigation. See Hearing Report at 4-5. Photo for Harper 's Bazaar magazine, December 1974. In cases where constitutional and statutory violations are inextricably linked, however, and Congress has created a remedial structure for the latter, the congressional scheme precludes the district courts from taking jurisdiction. Used by permission. Employees, 489 U.S. 527, 532, 109 S. Ct. 1282, 103 L. Ed. Thus, although the Court addresses plaintiff's discrimination claims as distinct from her claims of harassment, the Court notes that the latter are properly understood as a subset of the former. [2] There is an exception to this rule when the administrative proceeding cannot adequately address the alleged constitutional violation. at 6. This item used by permission... compact disc | Gerry Mulligan speaks about his life and career. Subsequently, in response to an EEOCO questionnaire, plaintiff submitted a letter detailing the basis of her allegations. The Library moves to dismiss Ms. Baker's retaliation claim for failure to state a claim upon which relief can be granted. This case came before the Court on defendants' motion to dismiss or for more definite statement and plaintiffs motions for summary judgment and to file a second amended complaint. Plaintiffs claims based on the CAA therefore will be dismissed for lack of subject matter jurisdiction. Opinion for Baker v. Library of Congress, 260 F. Supp. On October 9, 1997, the Reply Officer's recommendations were rejected and Ms. Baker was terminated. The Deputy Librarian also concluded that the record contained sufficient evidence to establish that Ms. Baker had failed to meet her job performance requirements. 2d 201 (1998) ("[t]he real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the physical acts performed"); Davis v. Coastal Int'l Security, Inc., 275 F.3d at 1123-24 (same). The Library of Congress provides access to these materials for educational and research purposes and makes no warranty with regard to their use for other purposes. After reviewing the record, the Deputy Librarian determined that the evidence did not support the Hearing Officer's findings. Jane M. Lyons, U.S. Attorney's Office, Washington, DC, for defendants. Photo from slide. After that, it was home to the Philadelphia Quakers of the first American Football League, and eventually the Eagles, though for just a few years. Prior to receiving a response from the OC, plaintiff filed this action on September 9, 1999. Mot. See id. Childers v. Slater, 44 F. Supp. See Amended Complaint, Appendix "Union," Memorandum from Marybeth Peters of October 30,1997. See Amended Complaint, Appendix "EEOC," Questionnaire to Yeda L. Baker re: "ISSUE: Whether you were subjected to sexual harassment (hostile work environment) by a former fellow co-worker, which created an intimidating, hostile, and offensive work environment"; Letter from Yeda L. Baker to Jean Johnson, EEO Investigator, October 21, 1998 ("Questionnaire Response Letter"). Franklin Field is still in use today and is now the oldest two-tiered stadium in the country. In this case, James H. Billington, the Librarian of Congress, fulfills this role. See Defendants' Reply in Support of Motion to Dismiss at 3 and Appendix A, Exhibit A, Library of Congress Complaint of Discrimination by Yeda L. Baker, June 3, 1997 ("EEOC Complaint"). (Content). In some cases, the Library was unable to identify a possible rights holder and has elected to place some of those items online as an exercise of fair use for strictly non-commercial educational uses. Property of Franca R. Mulligan. We also aim to spotlight various federal government employees and interview key government executives whose impact resonates beyond their agency. (Copyright Notice). (Copyright Notice). (Standard Restriction). See 2 U.S.C. He is the author of six books, including his newest (co-written with his wife, Susan Glasser), “The Man Who Ran Washington: The Life and Times of James A. Baker III” (Doubleday). The core of plaintiffs complaint in this Court involves claims of national origin and gender discrimination, sexual harassment including hostile work environment, and retaliation. See id. 2d 49 (1986). The Department of Homeland Security (DHS) has awarded SecureLogix and Achilles Heel Technologies a total of $1.96 million in funds through Phase II of the Small Business Innovation Research program to build technologies that will support dynamic network modeling capabilities for emergency communication and risk management networks. The Library appointed a Reply Officer, Virginia Kass, to conduct an independent review of the matter. Donald Scott, the Deputy Librarian, is not a proper defendant. See National Treasury Employees Union v. King, 961 F.2d 240, 243 (D.C.Cir. In addition, plaintiff has failed to exhaust her administrative remedies with respect to the majority of her claims of gender and national origin discrimination. § 1302. She further alleges that "other employees responded favorably to [this] ridicule. The Court therefore must grant defendants' motion to dismiss all of plaintiffs claims of national origin and gender discrimination except for her claims of sexual harassment. Ms. Baker first seeks relief under the Federal Service Labor-Management Relations Act ("FSLMRA"), 5 U.S.C. Copyright... photograph | Gerry’s portrait playing the sax. Specifically, he found that plaintiff had not been subjected to a hostile work environment "within the meaning of applicable federal law," that the Library was under no legal obligation to consider her requested transfer, and that Library regulations did not require that the Reply Officer's Report be included in the case file. See Amended Complaint, Appendix "Hearing," Letter from Yeda L. Baker of May 25, 1999; Letter from Kenneth Mackie of May 24, 1999; Letter from Donald L. Scott of June 10,1999. Responsibility for making an independent legal assessment of an item and securing any necessary permissions ultimately rests with persons desiring to use the item. The Library denied her request. This Library of Congress Student Discovery Set is here to put history into your hands.

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