Noris Babb v. Secretary, Department of Veterans Affairs

Opinion

Case: 16-16492 Date Filed: 04/24/2020 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 16-16492 ________________________

D.C. Docket No. 8:14-cv-01732-VMC-TBM

NORIS BABB,

Plaintiff - Appellant,

versus

SECRETARY, DEPARTMENT OF VETERANS AFFAIRS,

Defendant - Appellee.

________________________

Appeal from the United States District Court for the Middle District of Florida ________________________

(April 24, 2020)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Case: 16-16492 Date Filed: 04/24/2020 Page: 2 of 2

Before ED CARNES, Chief Judge, NEWSOM and SILER,* Circuit Judges.

PER CURIAM:

Dr. Noris Babb appeals the district court’s grant of summary judgment on

each of her claims in this case, which she raises under Title VII of the Civil Rights

Act of 1964, 42 U.S.C. § 2000e et seq., and the Age Discrimination in

Employment Act of 1967, 29 U.S.C. § 621 et seq.

Consistent with—and for the reasons stated in—our previous opinion, see

Babb v. Sec’y, Dep’t of Veterans Affairs, 743 F. App’x 280 (11th Cir. 2018), we

affirm the district court’s grant of summary judgment on Babb’s Title VII

retaliation claim and hostile-work-environment claim, and we reverse and remand

the district court’s grant of summary judgment on Babb’s Title VII gender-

discrimination claim. In light of the Supreme Court’s recent ruling in this case,

however, see Babb v. Wilkie, 589 U.S. ___ (2020), we now reverse the district

court’s grant of summary judgment on Babb’s ADEA age-discrimination claim

and remand for consideration consistent with the Supreme Court’s opinion.

AFFIRMED in part; REVERSED and REMANDED in part.

* Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation. 2