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E.E.O.C. v. AUDRAIN HEALTH CARE, INC.

No. 13-1720.

756 F.3d 1083 (2014)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant v. AUDRAIN HEALTH CARE, INC., doing business as Audrain Medical Center, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 30, 2014.

Attorney(s) appearing for the Case

Barbara L. Sloan , EEOC, argued, Washington, DC, for Plaintiff-Appellant.

Teresa Michelle Young , argued ( Christine A. Vaporean , and Lauren B. Harris , on the brief), Saint Louis, MO, for Defendant-Appellee.

Before GRUENDER, BRIGHT, and KELLY, Circuit Judges.

BRIGHT, Circuit Judge.

The Equal Employment Opportunity Commission (EEOC) brought an action against Audrain Health Care, Inc., (Audrain) alleging that Audrain violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, by refusing to consider transferring David Lunceford to a vacant operating room nurse position on the basis of his sex. The district court

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