Professional Documents
Culture Documents
No. 11-1717
SOOK YOON,
Plaintiff - Appellant,
v.
KATHLEEN SEBELIUS, Secretary of Health and Human Services,
Defendant Appellee,
and
MICHAEL LEAVITT, Secretary of Health and Human Services,
Defendant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Charles B. Day, Magistrate Judge.
(8:08-cv-03173-CBD)
Submitted:
Decided:
PER CURIAM:
Sook Yoon appeals the magistrate judges final order *
entering summary judgment in favor of the Secretary of Health
and Human Services (the Secretary) on Yoons claim that her
employer singled her out to receive a thirty-day suspension on
the basis of her race and national origin.
Fed. R.
Civ. P. 56(a).
The relevant inquiry on summary judgment is whether
the
evidence
presents
sufficient
disagreement
to
require
Inc.,
477
U.S.
242,
251-52
Anderson v. Liberty
(1986).
An
otherwise
The
parties
consented
to
the
exercise
of
civil
jurisdiction by the magistrate judge, as permitted by 28 U.S.C.
636(c) (2006).
minor; rather, [o]nly disputes over facts that might affect the
outcome
of
the
suit
under
the
governing
law
will
properly
Id. at 247-48.
To
56(c)(1); Thompson v. Potomac Elec. Power Co., 312 F.3d 645, 649
(4th Cir. 2002).
that
reasonable
jury
could
return
verdict
for
the
establish
prima
facie
case
of
discriminatory
the
protected
enforced
class,
against
and
her
(3)
were
that
more
the
severe
disciplinary
than
those
Corp., 988 F.2d 507, 511 (4th Cir. 1993); Moore v. City of
4
Charlotte,
754
F.2d
1100,
1105-06
(4th
Cir.
1985).
If
the
employer
to
demonstrate
legitimate,
nondiscriminatory
Cook, 988
F.2d at 511.
In this case, the Secretary contends that Yoon has
failed
to
demonstrate
similarly-serious
both
conduct
that
and
other
that
employees
Yoon
was
engaged
punished
in
more
Instead, a comparison of
Id.
Nevertheless, while
review
Secretary is correct.
of
the
record
convinces
us
that
the
F.3d
34,
40
(2d
Cir.
2000).
Yoon,
none
of
the
where
plaintiff
but
doctors
not
about
complained
her
to
supervisors
comparator).
Nor
is
about
the
there
any
history
is
relevant
factor
in
determining
comparability).
While Yoon claims that each of her earlier reprimands
was
unfounded
and
that
her
thirty-day
suspension
was
Holland v. Washington Homes, Inc., 487 F.3d 208, 217 (4th Cir.
2007).
Because
Yoon
has
failed
to
identify
any
similarly-
prima
affirm
facie
the
dispense
case
entry
with
of
oral
of
disparate
treatment.
summary
judgment
argument
because
on
the
Accordingly,
Yoons
facts
claim.
and
we
We
legal