Lutkewitte, Janet v. Gonzales, Alberto

While I concur in the decision to affirm the district court’s refusal to give a requested jury instruction, I write separately to suggest a legal — rather than a factual— justification for our judgment. The legal question at the core of this case is a narrow one: whether any of Janet Lutkew-itte’s allegations, even if accepted as true, qualifies as a “tangible employment action” under the framework established by the Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257,…