UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-20026
Summary Calendar
TERESA JO BRIMMERMAN
Plaintiff-Appellant,
VERSUS
THE HERTZ CORPORATION
Defendant-Appellee.
Appeal from the United States District Court
For the Southern District of Texas
H-95-CV-4522
November 25, 1997
Before DUHÉ, DEMOSS and DENNIS, Circuit Judges.
PER CURIAM:*
Appellant sued her former employer claiming she was subjected
to a sexually hostile work environment, retaliated against because
she complained of sexual harassment, and that Hertz intentionally
inflicted emotional distress upon her. Hertz moved for summary
judgment which the district court granted. On appeal Appellant
contends that issues of fact precluded summary judgment. We
disagree and affirm.
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
We review de novo.
Assuming without deciding that Appellant has established that
she belongs to a protected group (which is not denied), was
subjected to harassment which was sex based and that it affected
the conditions of her employment, there is no issue of fact that
Hertz took prompt and effective remedial action. Brimmerman
complained sometime in early October, and Hertz took action on
October 19, and no sexual harassment occurred thereafter. The fact
that thereafter some of her other co-workers were unfriendly toward
her is of no moment in this litigation. Hertz’ action was prompt
and effective. No issues of material fact remain.
AFFIRMED.
2