Penry contends that bank’s travelling and you can food agreements “given a ready stadium to own Waggoner’s sexual make

She in addition to complains that during an away-of-city evaluation, Waggoner shared with her to find a ride back once again to their particular resorts off a bank personnel as the however be away examining property

Penry plus cites evidence showing you to definitely Waggoner starred pranks on her behalf. One prank the guy played six to help you ten moments, mostly when you are she are expecting. Based on Penry, Waggoner do sneak-up behind their unique, put their hands on their shoulders and loudly say their unique title so you’re able to scare her. One other one or two pranks was basically one-time incidents. One in June 1990 where Waggoner knocked on the lodge doorway immediately after which hid, and the almost every other where he removed their hand regarding direction controls if you find yourself riding a motor vehicle in which Penry given that a passenger. In her own effect, Penry states you to she will not characterize these acts as “sexual acts by itself,” but argues they however compose sexual harassment because the “they show Waggoner’s men popularity over feminine employees during the captive issues.” Brand new court disagrees. Penry gift suggestions zero proof, aside from conjecture, these particular items was motivated because of the sexual animus or gender bias. Inside her deposition, Penry claims she did not know what driven eg make by the Waggoner. Penry also does not render courtroom assistance getting their particular “men prominence” theory, together with courtroom isnt convinced to construe what appears to end up being gender-natural buffoonery as a presentation away from “men prominence” more “captive” female group. The truth that Penry may have been “remote and alone” in her really works cubicle or “captive” within the Waggoner’s auto cannot transfer gender-basic pranks with the perform driven by the sexual animus or gender bias.

Penry and additionally opposes defendants’ realization view action with evidence of Waggoner’s carry out throughout the away-of-area performs tasks. Penry now offers zero research that these symptoms lead from gender bias or animus. On the other hand, they appear as gender simple, due to the fact do Waggoner’s comments, during the a business travel, throughout the his marital problems. ” The fresh new judge discovers no merit compared to that dispute. Additionally, Penry’s claim that the fresh new task to visit with Waggoner comprises sexual harassment is also unavailing. Versus research quite the opposite, management conclusion, even in the event injudicious, may not be recognized because the because of gender. Come across Ballou v. *839 University out of Ohio Medical Ctr., 871 F. Supp. 1384, 1390 (D.Kan.1994).

Penry complains that from inside the March 1990, Waggoner did not help their own lift hefty boxes through the an on-web site check regarding a lender which she was required to consume food that have Waggoner while in bank loans Kiowa the aside-of-town checks

Penry 2nd opposes defendants’ bottom line judgment actions by providing proof Waggoner’s offending comments and you may outbursts. Penry complains one Waggoner have a tendency to yelled at Betsworth getting their mistakes, which he demeaned Betsworth behind their own back, and you can asserted that every woman on the safekeeping department was basically “dumb” and therefore their spouse try “ignorant.” Penry in addition to complains throughout the Waggoner’s use of the name “gals” to mention on women in their company. Betsworth affirmed one Waggoner yelled in the their unique and you can she yelled at the your, however, she never felt he had been abusive so you can their. When you are for example antics may sign up for an unpleasant otherwise “hostile” ecosystem, there is absolutely no evidence that the hostility produced from particular gender-oriented animosity or bias. The fresh Tenth Routine have kept you to criticism from a keen employee’s really works, in place of a gender-specific reference, is not gender-built make. Disgusting, 53 F.three-dimensional in the 1545-46. While doing so, “dumb” try a gender basic term since it can put on equally in order to one another sexes. Id. within 1543; Younger v. Finishing line, Inc., 1995 WL 472783 at * 5 (D.Kan.). That it cause and pertains to Waggoner’s utilization of the title “unaware.” Notably, Penry produced in their own deposition you to Waggoner’s utilization of the term “dumb” to mention into feamales in the latest safekeeping company was not because of sexual animus, however, was an example of their general interest away from excusing their own problems by the progressing blame to many other people. In the end, Penry gift ideas no proof that Waggoner’s utilization of the identity “gals” stemmed away from sexual animus. Based on Waggoner, the guy utilized the name out-of behavior, not-out regarding sexual animus. Additionally, it seems that it was not the definition of in itself you to definitely offended Penry, however, that it was utilized by Waggoner. Penry reported that she wasn’t offended when her past women supervisor referred to Penry or any other collateral agencies team because “their own girls.”