Payne

MEMORANDUM ***

Sarah Payne, an employee of the Social Security Administration, filed her complaint on December 21, 2001, alleging claims under Title VII, 42 U.S.C. § 2000e(a)(l)-(2), for sexual harassment, failure to promote, retaliation, and creation of a hostile work environment. The district court held in its first summary judgment decision that Payne had failed to exhaust her administrative remedies for all but a few discrete acts of sexual harassment. Notwithstanding this decision, Payne filed an amended complaint that alleged the same causes of action based on an identical list of incidents. She noted that, although she may not have exhausted her administrative remedies for most of the incidents, she did so for several of them. Under National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 , 122 S.Ct. 2061 , 153 L.Ed.2d 106 (2002), Payne contended, the district court should therefore have treated all the incidents as part of a single hostile work environment claim. In its second summary judgment decision, the district court rejected Payne’s Morgan argument, but nonetheless considered all the claims and dismissed the hostile work environment claim on its merits. Payne…