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05-6079 - Scott v. Eastman Chem Co


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05-6079 - Scott v. Eastman Chem Co
April 22, 2008
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OPINION filed : We AFFIRM the district court's decision to dismiss Scott's failure to promote claims other than to Team manager, with the exception that we find Scott's failure to promote by Special Selection to Welding Inspector in 1997 was not unexhausted, and, thus, we REVERSE the district court's decision and REMAND that claim for consideration on the merits. We AFFIRM the district court's dismissal of Scott's retaliation claims, other than those associated with the filing of her EEOC charge, for failure to exhaust her administrative remedies. Likewise, we AFFIRM the district court's dismissal of Scott's hostile envrionment claim for failure to exhaust. We AFFIRM the district court's granting of summary judgment to Eastman on Scott's failure to promote claims for failure to prove pretext, and we AFFIRM the district court's granting of summary judgment to Eastman regarding Scott's retaliation claims associated with the filing of her EEOC charge. Finally, we AFFIRM the district court's determination that Scott not be permitted to amend her Complaint, decision not for publication pursuant to local rule 28(g). Danny J. Boggs, Chief Circuit Judge, delivered a separate dissent; Boyce F. Martin , Jr., Circuit Judge and Solomon Oliver , Jr., U.S. District Judge, for the Northern District of Ohio, sitting by designation.