BIBBY v. PHILA. COCA COLA BOTTLING CO.

No. 00-1261.

260 F.3d 257 (2001)

John BIBBY, Appellant, v. PHILA. COCA COLA BOTTLING COMPANY; Ron Wilson, Individually, and in his Official Capacity as President of Operations; Cliff Risell, Individually, and in his Official Capacity as Vice President of Operations; Fran Smith, Individually, and in his Official Capacity as Production Manager Supervisor; Bob Taylor, Individually, and in his Official Capacity as Supervisor; Steve Fiore, Individually, and in his Official Capacity as Quality Control Supervisor; Frank Bertchsci, Individually, and in his Official Capacity as Employee at Coca Cola, Bottling Company; John Kolb, Jr., Individually and in his Official Capacity as Director of Human Relations at Coca Cola Bottling Company; J. Bruce Llewellyn, Individually, and in his Official capacity as Chief Executive Officer at Coca Cola Bottling Company; Gene Keller, Individually, and in his Official Capacity as Warehouse Manager Supervisor.

United States Court of Appeals, Third Circuit.

Filed August 1, 2001.


Attorney(s) appearing for the Case

Arthur B. Jarrett, Esquire (Argued), Jonathan J. James, Esquire James & Jarrett 21 So. 12th Street Stephen Girard Building, 7th Floor Philadelphia, PA 19107, Attorney for Appellant.

Michael G. Tierce, Esquire (Argued), Schnader, Harrison, Segal & Lewis 1600 Market Street, Suite 3600 Philadelphia, PA 19103, Attorney for Appellees.

BEFORE: ROTH, BARRY, ALDISERT, Circuit Judges.


OPINION OF THE COURT

BARRY, Circuit Judge:

John J. Bibby claimed to have been subjected to same-sex sexual harassment at the hands of his employer, the Philadelphia Coca-Cola Bottling Company, in violation of Title VII. The District Court granted summary judgment to the employer, and Bibby appealed. Because we conclude that Bibby did not present sufficient evidence to demonstrate that he suffered discrimination "because of sex," we will affirm the judgment...

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