Bauer

MEMORANDUM ***

Appellant Amber Bauer (Bauer) appeals the summary judgment in favor of Appellee Carson-Tahoe Hospital (CTH) in her Title VII suit alleging gender-hostile work environment. See 42 U.S.C. § 2000e et seq. The district court concluded that Bauer had failed to produce evidence sufficient to establish a prima facie case and that she had not produced evidence capable of rebutting CTH’s affirmative defense.

In the absence of any tangible employment action taken against a Title VII plaintiff-employee, an employer may rebut the employee’s prima facie case of hostile *655 work environment by establishing an affirmative defense known as a Faragher/Ellerth defense. See Faragher v. City of Boca Raton, 524 U.S. 775 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998); Burlington Indus. v. Ellerth, 524 U.S. 742 , 118 S.Ct. 2257 , 141 L.Ed.2d 633 (1998). Because Bauer has not introduced evidence to show that she suffered a tangible employment action, under Faragher and Ellerth , CTH cannot be found liable if it demonstrates that: (1) it exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (2) that the employee unreasonably failed to take advantage…