BERTSCH v. OVERSTOCK.COM

No. 11-4128.

684 F.3d 1023 (2012)

Elizabeth Ann BERTSCH, Plaintiff-Appellant, v. OVERSTOCK.COM, Defendant-Appellee. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 10, 2012.


Attorney(s) appearing for the Case

April Hollingsworth of Hollingsworth Law Office, L.L.C., Salt Lake City, UT, for Plaintiff-Appellant.

Rick Sutherland of Jones, Waldo, Holbrook & McDonough, P.C., Salt Lake City, UT, for Defendant-Appellee.

Christine Back , ( P. David Lopez , General Counsel and Carolyn L. Wheeler , Acting Associate General Counsel of U.S. Equal Employment Opportunity Commission, Office of General Counsel, on the brief), Washington, D.C., for Amicus Curiae.

Before KELLY, MURPHY, and HARTZ, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Elizabeth A. Bertsch appeals from the grant of summary judgment in favor of her former employer, Defendant-Appellee Overstock.com, on her hostile work environment and retaliation claims, and appeals the denial of leave to amend to add a disparate-treatment claim, all under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-e-17. We have jurisdiction under 28 U.S.C. § 1291 and affirm in part, reverse in...

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