Equal Employment Opportunity Commission v. Micron Technology, Inc.

dissenting.

SILVERMAN, Circuit Judge.

I respectfully dissent. As I see it, Radeke’s specific reference to Cook’s May 9th letter complaining of a hostile work environment, coupled with the timing of her firing — six days after Cook sent her letter — are sufficient to raise a question of fact as to whether Micron’s actions were retaliatory. I would reverse and remand for trial.

MEMORÁNDUM **

The Equal Employment Opportunity Commission (the “EEOC”) filed this action against Micron Communications, Inc. (“MCC”) alleging a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The EEOC alleged in its complaint that MCC terminated the employment of Marcia Cook (“Ms.Cook”) in retaliation for the letter she wrote to David Radeke, her supervisor, in which she requested a transfer because she was being subjected to an “ongoing hostile work environment.” The EEOC has appealed from the order granting MCC’s motion for summary judgment. The EEOC seeks reversal on the ground that genuine issues of material fact exist regarding whether the reasons articulated by MCC for discharging Ms. Cook are pretexual. We affirm because we conclude that the EEOC failed to demonstrate that the reasons articulated by MCC for discharging Ms. Cook are pretexual.

I

A.

Ms. Cook was hired by MCC as a receptionist on July 30, 1996. Her supervisor was John Coots (“Mr.Coots”), the facilities manager. In November 1996, she was also given the responsibility of serving as security coordinator.

Ms. Cook had been married previously. Mr. Coots was going through a…