Penry argues the bank’s travel and you will dining preparations “given a ready arena to have Waggoner’s sexual run

She in addition to complains that while on an away-of-urban area check, Waggoner shared with her to track down a ride back to their particular lodge out of a lender staff member as however become aside inspecting property

Penry along with alludes to facts proving one to Waggoner starred pranks on her. One to prank he starred half a dozen to help you 10 moments, primarily when you are she try pregnant. According to Penry, Waggoner do sneak-up about her, set their practical her shoulders and loudly say their unique name in order to scare their. Another a few pranks was indeed single incidents. One out of June 1990 where Waggoner kicked on her hotel doorway following hid, and other where he eliminated his hands regarding direction controls while you are driving an automobile in which Penry since a traveler. Within her reaction, Penry claims one to she cannot characterize these types of will act as “sexual acts per se,” however, argues they however compose sexual harassment as “they teach Waggoner’s men dominance more women teams during the attentive facts.” The latest judge disagrees. Penry gift ideas zero research, aside from conjecture, these factors had been inspired of the sexual animus otherwise gender prejudice. In her deposition, Penry claims she did not know what motivated such as make because of the Waggoner. Penry as well as does not give court help for her “male prominence” concept, therefore the courtroom isnt convinced so you’re able to construe just what appears to become gender-natural buffoonery while the a presentation off “male prominence” more than “captive” female staff. The fact that Penry may have been “remote and you will by yourself” inside her works cubicle otherwise “captive” when you look at the Waggoner’s automobile will not move gender-simple pranks with the perform driven of the sexual animus or gender prejudice.

Penry also opposes defendants’ conclusion wisdom activity which have evidence of Waggoner’s carry out while in the out-of-town work projects. Penry now offers no research why these periods lead out-of gender bias otherwise animus. On the other hand, they look to-be gender neutral, just like the do Waggoner’s comments, throughout a business trip, regarding the his marital issues. ” The fresh courtroom finds out no quality to that disagreement. Likewise, Penry’s say that new task to travel which have Waggoner comprises sexual harassment is additionally unavailing. Instead research on the contrary, administration choices, though injudicious, is almost certainly not distinguisheded since the due to gender. Come across Ballou v. *839 University out-of Kansas Scientific Ctr., 871 F. Supp. 1384, 1390 (D.Kan.1994).

Penry complains one when you look at the February 1990, Waggoner don’t assist their particular elevator big boxes during an in-web site review from a financial and therefore she must consume food which have Waggoner during the out-of-city monitors

Penry 2nd opposes defendants’ realization view activity by providing evidence of Waggoner’s offensive comments and you will outbursts. Penry complains that Waggoner will yelled from the Betsworth to own their own mistakes, he demeaned Betsworth trailing their own straight back, and you will asserted that every woman from the safekeeping institution have been “dumb” hence their spouse is actually “ignorant.” Penry and complains from the Waggoner’s utilization of the identity “gals” to refer on feamales in their agencies. Betsworth testified one Waggoner yelled on their particular and you will she yelled in the him, however, she never thought he was abusive so you’re able to her. While you are such as for instance antics can get sign up to an unpleasant otherwise “hostile” environment, there is absolutely no evidence this violence produced by specific gender-situated animosity otherwise bias. The fresh new Tenth Routine possess stored one issue off an employee’s works, instead some kind of gender-certain reference, is not gender-based perform. Terrible, 53 F.three-dimensional in the 1545-46. On the other hand, “dumb” are a gender natural source hyperlink identity because it can apply similarly so you can each other sexes. Id. during the 1543; Young v. Finishing line, Inc., 1995 WL 472783 in the * 5 (D.Kan.). Which reasoning plus applies to Waggoner’s use of the identity “unaware.” Rather, Penry manufactured in their particular deposition you to definitely Waggoner’s utilization of the title “dumb” to mention into feamales in this new safekeeping company was not due to sexual animus, however, are an example of his general tendency away from excusing his own problems from the shifting blame for other functions. In the end, Penry gift ideas no proof you to definitely Waggoner’s use of the term “gals” stemmed from sexual animus. Based on Waggoner, he utilized the label off practice, not out of sexual animus. Furthermore, it appears that it wasn’t the expression in itself that offended Penry, however, it was used by Waggoner. Penry stated that she was not upset whenever their particular prior female manager referred to Penry or other guarantee institution personnel because the “their girls.”