(concurring in part, dissenting in part).
I concur that the district court did not err in dismissing appellant’s claim of sexual harassment arising from the alleged conduct of Aircast employees and her claim of reprisal discrimination. But because the district court correctly determined that appellant failed to produce any evidence that the alleged actions taken by Carlander were unwelcome and offensive to her or that Carlander’s actions interfered with her employment or created a hostile work environment, I respectfully dissent.
An employee alleging sexual harassment must prove that the conduct in question is unwelcome and that the conduct has the purpose or effect of “substantially interfering with an individual’s employment” or “creating an intimidating, hostile, or offensive employment.” Minn.Stat. § 363A.03, subd. 43(3) (2006).
I.
The district court correctly determined that appellant failed' to raise a material issue of fact concerning whether Carlan-der’s conduct was unwelcome. With regard to each of the specific incidents of alleged sexual harassment by Carlander the record supports the district court’s finding that appellant never indicated to Carlander at the time that his actions *184made her uncomfortable. And it is undisputed that on the sole occasion that appellant told anyone about any alleged incident of sexual harassment, appellant mentioned the offensive comment of the Aircast sales representative to Carlander and Carlander reported the matter to the Vice President of Human Resources for Aircast the next day.
In addition, as with her sexual harassment claims against McNeill, appellant’s after the fact complaints concerning the unwelcome nature of Carlander’s conduct are belied by evidence in the record including the e-mail messages she sent to him. Shortly after the business trip during which appellant alleges that she was sexually harassed when Carlander watched a movie on her hotel room bed and put his head in her lap while riding in a limo, appellant sent Carlander an e-mail stating:
Hope your trip to Wisconsin went well and I will see you in the morning — I anticipate a call from you to set up a time and place.
I can’t believe I had to eat cereal for dinner last night! And where was my driver today? ?
I actually had to put gas in my car myself!
:) See you soon.Lisa
Similarly, during their final business trip together, appellant told Carlander her son was ill and she needed to fly home early. Appellant, who now claims she left early in part because she was sexually harassed by Carlander’s comments regarding hotel bathrobes, sent the following e-mail to Carlander the night she arrived home:
Hi Craig,
Just wanted to update you — but still don’t know the dx. Flight went fine. I’m exhausted. Thx for first class!! You’re the best. Tell Dr. Nagle hi if you see him. Talk soon.
Sorry again — I’m missing a great meeting and more great meals I’m sure.
Take it easy.
Lisa
On this record the district court was correct when it stated: “The Court has seen no evidence in the record that Mr. Carlander made Ms. Gagliardi uncomfortable, nor has it seen evidence that any of his conduct towards Ms. Gagliardi was unwelcome.”
II.
The district court should consider the totality of the circumstances in ascertaining whether an environment is sufficiently hostile or abusive to support a claim. Faragher v. City of Boca Raton, 524 U.S. 775, 787, 118 S.Ct. 2275, 2283, 141 L.Ed.2d 662 (1998). In making this determination a court is to consider the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating or a mere offensive utterance, and whether it unreasonably interferes with an employee’s work performance. Id. at 787-88, 118 S.Ct. at 2283.
Here, the district court correctly determined that appellant “has completely failed to produce any evidence that actions taken by Mr. Carlander interfered with her employment or created a hostile work environment.” Appellant has made no allegations that Carlander’s conduct in any way prevented appellant from performing her job duties. Nor, as the district court found, has appellant “indicated she ever felt threatened by Mr. Carlander or humiliated by him.”
The district court followed the law and considered the totality of the circumstances, including: (1) appellant’s e-mail messages to McNeill and Carlander; (2) the undisputed fact that appellant maintained a friendly working relationship with Carlander; and (3) the fact that prior to the termination of her employment appel*185lant neither objected to Mr. Carlander’s alleged conduct or indicated to anyone that his alleged conduct made her uncomfortable. The district court correctly concluded that appellant has failed to raise a material issue of fact as to whether Carlander’s conduct substantially interfered with appellant’s employment or created an intimidating, hostile, or offensive employment environment.
I would affirm the district court in all respects.