UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
LEARAH BAILEY,
Plaintiff-Appellant,
v.
No. 98-2736
MANORCARE HEALTH SERVICES,
INCORPORATED, d/b/a Manor
Healthcare Corporation; RICK KEY,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Maryland, at Greenbelt.
Alexander Williams Jr., District Judge.
(CA-97-3022-AW)
Argued: November 30, 1999
Decided: February 7, 2000
Before WILKINSON, Chief Judge, KING, Circuit Judge,
and Cynthia Holcomb HALL, Senior Circuit Judge of the
United States Court of Appeals for the Ninth Circuit,
sitting by designation.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
ARGUED: Omar Vincent Melehy, MELEHY & MELEHY, L.L.C.,
Silver Spring, Maryland, for Appellant. Russell Heuer Gardner,
PIPER & MARBURY, L.L.P., Baltimore, Maryland, for Appellees.
ON BRIEF: Charles J. Kresslein, PIPER & MARBURY, L.L.P., Bal-
timore, Maryland, for Appellees.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Learah Bailey appeals the district court's order granting summary
judgment in favor of ManorCare Health Services, Inc., in this action
brought pursuant to 42 U.S.C. § 2000e, et seq. ("Title VII"), and
Maryland state law. In her complaint, Bailey alleged that she was sex-
ually harassed by Rick Key, a member of the management team at the
nursing facility where Bailey was employed. The complaint further
alleged that because of Bailey's refusal to submit to Key's advances,
she was subjected to "quid pro quo" harassment and acts of retaliation
by ManorCare. Moreover, Bailey asserted that Key's conduct contrib-
uted to a hostile work environment, forcing her to resign from Manor-
Care's employ. Lastly, the complaint alleged various state-law tort
claims against ManorCare, and Key individually.
In response, ManorCare noted that Bailey never experienced any
tangible adverse employment action as a result of the alleged harass-
ment. Bailey's contention that she was constructively discharged was
belied by her attempt to return to work by rescinding her resignation
immediately after it was given. ManorCare further maintained that it
had exercised reasonable care to prevent and correct workplace
harassment, and that Bailey had unreasonably failed to take advantage
of these preventive and corrective opportunities.
The district court determined that Bailey's claims against Manor-
Care were without merit and granted summary judgment in favor of
the employer on all counts.* We have carefully considered the written
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*The court declined to exercise its supplemental jurisdiction under 28
U.S.C. § 1367 over Bailey's state-law tort claims against Key individu-
ally, and it dismissed those claims without prejudice.
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submissions and oral argument, and we are unable to find reversible
error. Accordingly, we are content to adopt the opinion of the district
court and affirm on its reasoning. Bailey v. ManorCare Health Ser-
vices, Inc., No. CA-97-3022-AW (D. Md. October 30, 1998).
AFFIRMED
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