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No. 12-1012
ANGELA D. WALTON,
Plaintiff - Appellant,
v.
NORTH CAROLINA DEPARTMENT OF AGRICULTURE
SERVICES; ROBERT N. BROGDEN, JR.,
AND
CONSUMER
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:09-cv-00302-FL)
Submitted:
Decided:
PER CURIAM:
Angela D. Walton appeals the district courts order
granting
Carolina
summary
judgment
Department
of
to
her
former
Agriculture
employer,
and
the
Consumer
North
Services
claims
under
North
Carolina
law
against
her
former
On appeal, Walton
Finding no reversible
error, we affirm.
We review a district courts grant of summary judgment
de
novo,
drawing
reasonable
inferences
in
the
light
most
Johnson & Co., 639 F.3d 111, 119 (4th Cir. 2011).
Summary
Only
disputes over facts that might affect the outcome of the suit
under
the
governing
summary judgment.
242, 248 (1986).
law
will
properly
preclude
the
entry
of
Thompson
v.
Potomac
Elec.
Power
Co.,
312
F.3d
645,
649
non-moving
partys]
case.
(internal
quotation
marks
omitted)).
To prevail on her Title VII claim for a hostile work
environment, Walton was required to establish the following four
elements:
(3) that
(1)
was
conditions
unwelcome
conduct,
sufficiently
of
employment
(2)
based
pervasive
or
and
create
to
on
severe
her
to
gender,
alter
hostile
the
work
266
Cir.
(4th
2001).
The
district
court
assumed
without
the
Department
on
the
fourth
element
in
light
of
Boca
Raton,
524
U.S.
775
(1998);
to
avoid
strict
liability
of
the
Faragher v.
Burlington
Indus.,
Title
VII
for
employment
action
was
taken
against
the
employee.
Matvia,
prevail
that
it
under
the
exercised
defense,
reasonable
the
care
employer
to
prevent
must
and
preventative
or
corrective
opportunities
provided
by
the
An employers dissemination of an
evidence
showing
that
the
employer
implemented
the
Energy Corp., 240 F.3d 262, 266 (4th Cir. 2001) (stating that an
employee may make her rebuttal showing by establishing that her
employer adopted or administered an anti-harassment policy in
bad
faith
or
that
the
policy
was
otherwise
defective
or
the
sexually
policy
Department
harassing
was
exercised
behavior,
deficient
because
reasonable
arguing
some
4
of
that
her
care
its
to
prevent
anti-harassment
co-workers
did
not
understand it.
the policy, however, does not establish that Walton herself did
not understand it.
that
the
policy
including
defined
sexual
unlawful
harassment
and
workplace
how
and
harassment
to
whom
such
at
which
she
received
instruction
in
clearer.
nor
the
policy
specifies
how
to
report
rendering
how
on
the
it
unclear
policy
could
or
difficult
have
been
to
made
policy.
Accordingly,
her
claim
that
the
policy
was
also
reject
as
meritless
Waltons
appellate
by
the
Department.
Her
arguments
are
premised
on
dispense
with
oral
argument
because
the
facts
and
legal