Diane Maggi v. Creative Health Care Services

MEMORANDUM

Plaintiff Diane Maggi appeals the district court’s grant of summary judgment in favor of Defendant Creative Health Care Services, Inc. as to Maggi’s Title VII hostile work environment and retaliation claims. We affirm in part, reverse in part, and remand to the district court for further proceedings.

We affirm the district court’s grant of summary judgment as to Maggi’s retaliation claim. Maggi failed to present evidence raising a genuine issue of material fact as to whether Creative Health Care was the but for cause of Shirifs state court defamation lawsuit against'Maggi. Shirif filed the lawsuit in his personal capacity, and Maggi’s evidence does not create a triable issue of fact as to whether Creative Health Care was the moving force behind Shirifs defamation state court action. See Univ. of Tex. Sw. Med. Ctr. v. Nassar, — U.S. -, 133 S.Ct. 2517, 2525 , 186 L.Ed.2d 503 (2013) (holding that a plaintiff must prove that “the harm would not have occurred in the absence of — that is, but for — the defendant’s conduct” (internal quotation marks omitted)).

We reverse the district court’s grant of summary judgment as to Maggi’s hostile work environment claim. The…