Holmes

MEMORANDUM *

Diana Holmes appeals the district court’s partial summary judgment and post-trial judgment of her hostile work environment claims under Title VII and the Rehabilitation Act. First, she argues that the district court erred in granting partial summary judgment on her claim to enforce the recommended decision of the Equal Employment Opportunity Commission (EEOC) administrative law judge. Holmes claims that the Postmaster General (“Postmaster”) did not timely reject the recommended decision and that therefore the recommended decision became binding on the Postmaster pursuant to 29 C.F.R. § 1614.109 (g). This argument is without merit, because both parties agree that the Postmaster issued its rejection within sixty days of its receipt of the findings and conclusions that were sent by the EEOC administrative law judge.

Second, Holmes challenges the district court’s interpretation of the intent standard in Title VII hostile work environment cases, claiming that the intent of her harassers is irrelevant. However, the district court correctly held that Holmes must show she was harassed on the basis of her sex, and not merely for other personal motivations that are not…