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MONTELL v. DIVERSIFIED CLINICAL SERVICES, INC.

Nos. 13-6186, 13-6231.

757 F.3d 497 (2014)

Marla MONTELL, Plaintiff-Appellant/Cross-Appellee, v. DIVERSIFIED CLINICAL SERVICES, INC.; Austin Day, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Rehearing En Banc Denied August 13, 2014.

Attorney(s) appearing for the Case

ON BRIEF: J. Dale Golden , Justin S. Peterson , Golden & Walters, PLLC, Lexington, Kentucky, for Appellant/Cross-Appellee. Katherine C. Weber , Sarah E. Keates , Jackson Lewis LLP, Cincinnati, Ohio, for Appellees/Cross-Appellants.

MOORE, J., delivered the opinion of the court, in which SUHRHEINRICH and WHITE, JJ., joined. SUHRHEINRICH, J. (pgs. 510-11), delivered a separate concurring opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Marla Montell reported an allegation of sexual harassment against her supervisor, Austin Day, to human resources ("HR") at Diversified Clinical Services, Inc. ("DCS"). The HR representative then contacted Day almost immediately. The next day, Montell alleges, Day called Montell and told her that she should resign or else she would be fired. On the following business day, Montell, feeling threatened and intimidated...

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