Kelly

MEMORANDUM **

Plaintiff-Appellant Debra Kelly (“Kelly”) alleges several errors in the district court’s adjudication of her claim against her employer USS-POSCO Industries (“Poseo”) for sex discrimination, retaliation, hostile work environment, and unfair business practices.

Kelly appeals the district court’s grant of partial summary judgment on her retaliation claim. The district court found that because Kelly failed the test and retest at the end of Phase I of the training program, “no reasonable jury could find that [Poseo] dismissed her from the program in retaliation for her complaints.” However, the court denied summary judgment on those parts of Kelly’s retaliation claim which alleged that Poseo imposed a time limit on the re-test and created a hostile work environment in retaliation for her complaints. Because the imposition of the time limit is the foundation of Kelly’s claim that her dismissal from the program was retaliatory, the district court’s ruling allowed the substance of Kelly’s claim to go forward, and was not erroneous.

The district court later granted Posco’s motion for judgment as a matter of law on Kelly’s remaining retaliation claim. The district court…