Penry contends the bank’s traveling and you can eating agreements “provided a ready arena getting Waggoner’s sexual run

She as well as complains have a glimpse at the hyperlink one to during an out-of-city check, Waggoner informed her to find a drive to their lodge regarding a lender staff member given that however getting aside inspecting property

Penry including cites evidence exhibiting you to definitely Waggoner played pranks on the. That prank the guy played half dozen to help you ten moments, mostly when you are she is actually expecting. Considering Penry, Waggoner would sneak up at the rear of their, set their on the job their own shoulders and you can loudly state their own identity so you’re able to scare their particular. One other one or two pranks have been one-time situations. One out of June 1990 in which Waggoner kicked on her resorts doorway after which hid, as well as the almost every other where the guy eliminated his hands in the direction wheel if you’re driving a car or truck where Penry as a passenger. Within her response, Penry states you to she does not characterize these will act as “sexual acts by itself,” however, contends they nevertheless form sexual harassment once the “it teach Waggoner’s male prominence over feminine group into the captive issues.” The latest courtroom disagrees. Penry gift ideas no research, apart from speculation, why these factors was in fact inspired because of the sexual animus or gender prejudice. In her own deposition, Penry states she don’t understand what passionate instance perform of the Waggoner. Penry together with fails to provide judge support for their unique “male dominance” idea, additionally the legal isnt certain to construe exactly what seems to feel gender-natural buffoonery because the a demonstration out of “men popularity” more “captive” women employees. The point that Penry might have been “remote and by yourself” within her functions cubicle otherwise “captive” for the Waggoner’s automobile does not transfer gender-neutral pranks into perform driven from the sexual animus otherwise gender prejudice.

Penry including opposes defendants’ bottom line judgment activity with proof of Waggoner’s perform throughout the out-of-town work tasks. Penry even offers no proof these symptoms resulted out-of gender bias or animus. Quite the opposite, they look are gender simple, once the manage Waggoner’s statements, through the a corporate journey, in the his marital problems. ” The latest courtroom discovers no quality compared to that argument. At the same time, Penry’s declare that the brand new project to visit having Waggoner comprises sexual harassment is even unavailing. In place of proof on the other hand, government choices, regardless of if injudicious, might not be classified since due to gender. See Ballou v. *839 University regarding Ohio Scientific Ctr., 871 F. Supp. 1384, 1390 (D.Kan.1994).

Penry complains you to in February 1990, Waggoner didn’t let their elevator heavy packets throughout the an on-webpages assessment of a financial and this she was required to eat dining with Waggoner during aside-of-town monitors

Penry second opposes defendants’ conclusion wisdom motion by providing evidence of Waggoner’s unpleasant comments and outbursts. Penry complains one to Waggoner tend to yelled from the Betsworth getting her errors, that he demeaned Betsworth trailing their particular right back, and you will said that every woman about safekeeping agencies was basically “dumb” hence their partner are “unaware.” Penry and complains from the Waggoner’s use of the label “gals” to refer toward ladies in their service. Betsworth affirmed one Waggoner yelled during the their and you can she yelled during the your, but she never sensed he had been abusive to their own. While you are such as antics may subscribe to an offensive otherwise “hostile” ecosystem, there is absolutely no facts that this aggression derived from certain gender-situated animosity or prejudice. This new 10th Routine possess held one to issue of a keen employee’s really works, in place of some kind of gender-specific site, isnt gender-situated perform. Gross, 53 F.three-dimensional at the 1545-46. On the other hand, “dumb” was an effective gender basic label because can apply similarly to both sexes. Id. on 1543; More youthful v. Finish line, Inc., 1995 WL 472783 from the * 5 (D.Kan.). So it reason and relates to Waggoner’s utilization of the title “ignorant.” Rather, Penry produced in their deposition you to definitely Waggoner’s utilization of the term “dumb” to mention toward ladies in brand new safekeeping department was not on account of sexual animus, but are a good example of his general inclination away from excusing his own errors by the shifting fault some other people. Finally, Penry gift ideas zero evidence you to Waggoner’s utilization of the term “gals” stemmed regarding sexual animus. Centered on Waggoner, he made use of the label from practice, not-out out-of sexual animus. Furthermore, it appears that it wasn’t the definition of alone one to offended Penry, but it absolutely was utilized by Waggoner. Penry reported that she was not upset when their own earlier feminine management described Penry or other security service teams because “her girls.”