Equal Employment Opportunity Commission v. Audrain Health Care, Inc.

BRIGHT, Circuit Judge.

The Equal Employment Opportunity Commission (EEOC) brought an action against Audrain Health Care, Inc., (Au-drain) alleging that Audrain violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, by refusing to consider transferring David Lunceford to a vacant operating room nurse position on the basis of his sex. The district court 1 denied relief in a summary judgment of dismissal. The EEOC appeals. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I. Background

Since 2004, Lunceford…