She plus complains one while on an away-of-city evaluation, Waggoner shared with her to obtain a drive back again to their particular lodge from a bank worker because he’d become out examining possessions

Penry as well as cites evidence appearing you to definitely Waggoner starred pranks on the. You to definitely prank he starred half a dozen to help you ten minutes, generally when you are she was pregnant. Centered on Penry, Waggoner would sneak up about their unique, lay his practical their shoulders and you can loudly say their title to help you frighten her. One other two pranks had been onetime incidents. One out of June 1990 in which Waggoner kicked on her hotel home after which hid, plus the other in which he got rid of their give in the steering controls if you’re driving a motor vehicle where Penry as the a passenger. Inside her response, Penry claims you to definitely she does not characterize these types of will act as “sexual acts by itself,” however, contends they nevertheless make up sexual harassment while the “it instruct Waggoner’s male popularity more than women team from inside the captive facts.” The fresh courtroom disagrees. Penry gifts no proof, apart from speculation, these particular factors was basically motivated from the sexual animus or gender prejudice. Inside her deposition, Penry claims she failed to know what driven such perform because of the Waggoner. Penry and additionally doesn’t offer legal help for her “men prominence” theory, plus the judge isnt persuaded to help you construe what seems to become gender-natural buffoonery because the a demonstration away from “male prominence” more than “captive” female group. The reality that Penry may have been “remote and you can by yourself” in her own works cubicle otherwise “captive” during the Waggoner’s car will not transfer gender-simple pranks for the run inspired by the sexual animus or gender bias.

Penry also opposes defendants’ summary view motion that have proof of Waggoner’s run during the aside-of-area performs tasks. Penry also provides no evidence these particular attacks lead out-of gender prejudice or animus. On the contrary, they appear to be gender neutral, since perform Waggoner’s statements, during a business trip, on the his relationship problems. ” The courtroom finds out zero quality to that particular dispute. Simultaneously, Penry’s claim that new assignment to travel having Waggoner comprises sexual harassment is even unavailing. As opposed to facts on the contrary, government decisions, no matter if injudicious, might not be recognized because due to gender. Find Ballou v. *839 College out of Ohio Medical Ctr., 871 F. Supp. 1384, 1390 (D.Kan.1994).

Penry complains one in February 1990, Waggoner didn’t help their own lift heavy boxes during the an on-webpages check away from a bank which she had to consume food which have Waggoner throughout the aside-of-area monitors

Penry second opposes defendants’ summary judgment activity through providing proof Waggoner’s offensive statements and you can outbursts. Penry complains one to Waggoner tend to yelled during the Betsworth having her mistakes, which he demeaned Betsworth at the rear of her straight back, and you may mentioned that every woman on safekeeping agencies was “dumb” which their partner try “unaware.” Penry along with complains throughout the Waggoner’s use of the identity “gals” to refer loan places Cope on women in his agency. Betsworth testified that Waggoner yelled in the her and you will she yelled in the your, but she never considered he had been abusive in order to their own. When you find yourself such as for example antics may subscribe to an offending if not “hostile” environment, there is absolutely no evidence that the hostility based on certain gender-dependent animosity or prejudice. This new Tenth Routine features held you to criticism regarding an enthusiastic employee’s work, versus a gender-particular reference, is not gender-situated make. Terrible, 53 F.three dimensional in the 1545-46. Likewise, “dumb” is a great gender neutral term because it can put on similarly in order to one another sexes. Id. in the 1543; Younger v. Finish line, Inc., 1995 WL 472783 at * 5 (D.Kan.). Which reason along with pertains to Waggoner’s utilization of the label “ignorant.” Somewhat, Penry stated in their own deposition one to Waggoner’s use of the name “dumb” to mention to the feamales in the fresh new safekeeping department wasn’t on account of sexual animus, however, are a good example of their standard tendency out of excusing his very own problems by the moving forward fault some other events. Eventually, Penry gift ideas no research one Waggoner’s utilization of the identity “gals” stemmed away from sexual animus. Centered on Waggoner, he used the term from behavior, not-out out-of sexual animus. Also, it appears that it wasn’t the definition of in itself one upset Penry, but it absolutely was utilized by Waggoner. Penry reported that she was not upset when their unique past female manager regarded Penry or any other collateral institution staff because the “their particular girls.”