Judge William Kuntz
Hendry, a black woman older than 40, worked for the U.S. Postal Service (USPS) from 1988 to Nov. 20, 2009. She was repeatedly cited for absences and tardiness. Her complaint to the EEOC did not allege that she "received any discipline or suffered a present harm or loss with respect to a term, condition, or privilege of employment." The court summarily dismissed Hendry’s Dec. 15, 2010, lawsuit alleging discrimination violating Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Beyond finding most of her claims barred by failure to exhaust remedies, the court found Hendry did not establish a prima facie case of age, sex, race or disability discrimination. Even if Hendry could establish a prima facie case of discrimination, the record was "replete" with undisputed evidence that she was frequently absent and tardy and that it was her own delinquency that led to her termination. Further noting that no complained of actions or harassment occurred due to any of her protected characteristics, the court concluded that Hendry did not show that any of her claimed harassment was due to a protected characteristic, much less that it was severe or pervasive enough to create an objectively hostile work environment.
