Mummert

MEMORANDUM **

Susan Mummert was a staff pharmacist at Vencor, Inc.’s Tucson hospital from December 14, 1994 until her discharge on March 22, 1996. Mummert filed suit against Vencor, claiming that her termination violated the federal Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq. (“FMLA”) as well as various Arizona wrongful termination and civil rights laws. A district court jury concluded that Vencor had violated only the FMLA in discharging Mummert. The district court awarded Mummert actual and liquidated damages plus attorneys fees and costs pursuant to her FMLA claim. Both parties appealed. We affirm in all respects.

Several months before her termination, Mummert' complained to the Assistant Hospital Administrator, Kathy Osburn, of sexual harassment by Pharmacy Manager Jack Hood. In October and November, 1995, Osburn met with both Hood and Mummert to discuss Mummert’s complaint, and Vencor conducted an investigation. Mummert was unsatisfied with Vencor’s response and filed a charge of unlawful discrimination and retaliation with the Arizona Civil Rights Division. In response to Mummert’s complaints of continued inappropriate treatment by Hood, in February, 1996…