Sheryl Szeinbach v. OSU


OPINION filed AFFIRMING the dismissal of Szeinbach s claims, with the exception of her differential-salary-increases and research-misconduct investigation claims, which we REVERSE because she presented sufficient evidence to raise a genuine issue of fact regarding whether she suffered adverse employment actions. On REMAND, the district court may consider the other grounds that OSU advanced in support of summary judgment on these claims including the remaining challenges to the prima facie case and those to the last two steps of the McDonnell Douglas analysis. Decision not for publication pursuant to local rule 206. Helene N. White, Authoring Circuit Judge; Jane Branstetter Stranch, Circuit Judge and Jerome Farris, Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

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Case: 11-3002 Document: 006111397755 Filed: 08/10/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Leonard Green Clerk Tel. (513) 564-7000 Filed: August 10, 2012 Mr. Michael C. McPhillips Ms. Sarah Daggett Morrison Ms. Janica A. Pierce Tucker Mr. Eric John Rosenberg Ms. Elizabeth M. Stanton Re: Case No. 11-3002, Sheryl Szeinbach v. OSU Originating Case No. : 2:08-CV-822 Dear Counsel: The Court issued the enclosed (Order/Opinion) today in this case. Sincerely yours, s/Benjamin P. Alexander Case Manager Direct Dial No. 513-564-7021 cc: Clerk of the U.S. District Court for the Southern District of Ohio Enclosure Mandate to issue

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