Lynch v. Baylor Univ Med Ctr

* Concurring in judgment only.
** Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 4, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-10968
PENELOPE LYNCH,
Plaintiff-Appellant,
versus
BAYLOR UNIVERSITY MEDICAL CENTER,
Defendant - Appellee.
Appeal from the United States District Court for
the Northern District of Texas
_________________________________________________________
Before REAVLEY, GARZA, and DENNIS,* Circuit Judges.
PER CURIAM:**
The judgment of the district court is affirmed for these reasons:
1. We will assume that an employer’s denial of access to its internal grievance
proceeding, responding to the filing of a Title VII charge by the employee,

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can violate the anti-retaliation provision. That may be true even where the
internal proceeding and the resolution are purely discretionary with the
employer, as is true here. We do suggest that the employer should explain
in its policy that the internal proceeding is not available when legal charges
are pending.
2. The problem with appellant’s case is the absence of injury or harm either as
of the employer’s action or as adjudicated by the judgment on appeal.
Harm is required by the Burlington decision and its absence is the position
advanced by appellee. Appellant had no discrimination claim of substance.
Only speaking of gender and religious discrimination, her evidence showed
merely a disagreement between appellant and another nurse. The district
court entered summary judgment for that reason, and appellant makes no
objection. This complaint would have gained nothing for appellant if
pursued the internal route. Appellant suffered no harm then or now.
AFFIRMED.

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