Summary: The defendant filed a motion for summary judgment, arguing that the plaintiff failed to prove that the defendant knew or should have known of the racial harassment the plaintiff endured; that the harassment affected a term, condition, or privilege of his employment; and that the defendant failed to take prompt and remedial action to end the harassment. The defendant also argued that the plaintiff did not establish that he was terminated either on account of his race or in retaliation for complaining of racial harassment. The Court granted the motion for summary judgment, finding that the defendant took prompt, remedial action reasonably calculated to end racial harassment in the workplace; that the plaintiff was not terminated on account of his race; and that the defendant did not retaliate against the plaintiff for complaining of racial harassment.
Case Name: Brown v. Flying J, Inc.
Case Number: 1-08-cv-59
Docket Number: 47
Date Filed: 8/14/09
Nature of Suit: 442
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Robert Adell Brown,
Flying J, Inc.,
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) ) ORDER GRANTING DEFENDANT’S ) MOTION FOR SUMMARY JUDGMENT, ) FINDING AS MOOT DEFENDANT’S ) MOTION IN LIMINE, AND FINDING ) AS MOOT PLAINTIFF’S MOTION ) FOR EXTENSION OF TIME ) ) Case No. 1:08-cv-59 ) |