PENRY v. FEDERAL HOME LOAN BANK OF TOPEKA

Nos. 97-3203, 97-3204.

155 F.3d 1257 (1998)

Michele PENRY, Plaintiff-Appellant, v. FEDERAL HOME LOAN BANK OF TOPEKA, and its representatives; Charles R. Waggoner, in his capacity as defendants' representative and in his individual capacity, Defendants-Appellees. Debra Ann GILLUM, Plaintiff-Appellant, v. FEDERAL HOME LOAN BANK OF TOPEKA, and its representatives; Charles R. Waggoner, in his capacity as defendants' representative and in his individual capacity, Defendants-Appellees. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 15, 1998.


Attorney(s) appearing for the Case

Michael B. Myers (Cheryl D. Myers, with him on the briefs), Myers & Myers, Topeka, Kansas, for Plaintiffs-Appellants.

Patricia E. Riley (Denise M. Howard, with her on the briefs), Weathers & Riley, Topeka, Kansas, for Defendants-Appellees.

Barbara L. Sloan, Attorney (C. Gregory Stewart, General Counsel, J. Ray Terry, Jr., Deputy General Counsel, Vincent J. Blackwood, Acting Associate General Counsel, and Carolyn L. Wheeler, Assistant General Counsel, with her on the brief), Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae Equal Employment Opportunity Commission.

Before PORFILIO, McKAY, and TACHA, Circuit Judges.


TACHA, Circuit Judge.

Plaintiffs Michele Penry and Debra Ann Gillum sued their employer, Federal Home Loan Bank of Topeka (FHLB), for sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964 and for intentional infliction of emotional distress under Kansas state law. Gillum, who resigned prior to suing the bank, also claimed constructive discharge. The district court granted the defendants' motions for summary judgment on all claims. Penry...

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