RENDELL, Circuit Judge
Appellant Milka A. Anderson ("Anderson") challenges the grant of summary judgment in favor of her former employer, The Boeing Company ("Boeing"), which she sued for discrimination, retaliation, and a hostile work environment under Title VII of the Civil Rights Act of 1964 ("Title VII"), the Pregnancy Discrimination Act ("PDA"), 42 U.S.C. § 1981 ("§ 1981"), and the Pennsylvania Human Relations Act ("PHRA").
The parties are familiar with the facts and procedural posture to date, and we will not repeat them.
II. Discrimination and Retaliation Claims
The District Court correctly articulated the standard for reviewing Anderson's discrimination and retaliation claims under Title VII, the PDA,
A prima facie case of discrimination or retaliation requires a showing of an adverse employment action.
The District Court's thorough assessment of Anderson's employment history at Boeing yielded the correct conclusion that, because of these timeliness requirements, the only alleged adverse action relevant to Anderson's discrimination and retaliation claims under Title VII, the PDA, and the PHRA is Anderson's termination in 2013 that was done as part of Boeing's reduction in force ("RIF").
We now turn to Anderson's argument on appeal that she did indeed establish a prima facie case with respect to her pregnancy-, gender-, race-, and national origin-based discrimination claims. A prima facie case of discrimination under Title VII and the PHRA in the context of a RIF requires an employee to show: (1) membership in a protected class; (2) qualification for the position; (3) an adverse employment action; and (4) retention by the employer of similarly situated employees outside of the relevant protected class. In re Carnegie Ctr. Assocs., 129 F.3d 290, 294-95 (3d Cir. 1997).
The relevant timeline for purposes of Anderson's pregnancy claim is that she gave birth on April 5, 2010 and was terminated three years later on April 18, 2013. Her pregnancy-based claim fails because she has not shown that she was either pregnant at or near the time of her termination, or that she remained affected by a pregnancy- or childbirth-related medical condition. See Solomen v. Redwood Advisory Co., 183 F.Supp.2d 748, 753-54 (E.D. Pa. 2002) (noting that "[w]hen the employee is not pregnant at or around the time that she suffers the alleged adverse employment action, her membership in the protected class is less clear," granting summary judgment to employer on PDA claim where employee gave birth more than 11 months before termination, and citing cases with comparable outcomes); Kenney v. Ultradent Prods., Inc., No. 05-1581 (RMB), 2007 WL 2264851, at *5 (D.N.J. Aug. 6, 2007) (granting summary judgment to employer on PDA claim where employee gave birth 18 months before adverse employment action). Anderson's argument on appeal that "the timing of the termination should not be the sole dispositive factor as to whether pregnancy[-based] discrimination took place" is technically correct (Appellant's Br. 32), but she fails to advance her claim with the requisite showing in the alternative that something about her pregnancy continued to affect her three years after her child's birth. To the contrary, her allegations—particularly with regard to treatment by her supervisors in performance reviews—are contradicted by the record. We therefore agree with the District Court that Anderson has not made the prima facie showing necessary to advance her pregnancy-based discrimination claim.
Anderson's gender- and race-based discrimination claims fail because she has not fulfilled the fourth criterion of the prima facie showing: retention of similarly situated employees outside of her protected class.
Anderson's retaliation claims do not fare any better. Anderson alleges that she was retaliated against because of her complaints regarding alleged gender-, pregnancy-, race-, and national origin-based discrimination. An employee's retaliation claims are subject to the McDonnell Douglas three-part burden-shifting framework discussed supra. To satisfy the first part and establish a prima facie case of retaliation, Anderson must prove that she (1) engaged in a protected activity; (2) Boeing took adverse action against her; and (3) a causal link exists between the protected activity and the adverse action. Moore v. City of Phila., 461 F.3d 331, 340-41 (3d Cir. 2006).
III. Hostile Work Environment Claim
Anderson asserts that the District Court wrongfully rejected her claims for race- and national origin-based harassment under Title VII, the PHRA, and § 1981, which all "permit claims premised on a showing that discrimination based on a protected characteristic created a hostile or abusive working environment."
We agree with the District Court that "the record is devoid of evidence that could give rise to a finding of race or national origin discrimination in the RIF process" or "support an inference that any of the [non-layoff] actions were improperly motivated by Anderson's race or national origin."
For the foregoing reasons, we will affirm the District Court's order of summary judgment in favor of Boeing and against Anderson in its entirety.