Nigro v. St. Tammany Prsh Hosp

In the
United States Court of Appeals
for the Fifth Circuit
_______________
m 05-30650
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MICHAEL NIGRO,
Plaintiff-Appellant,
VERSUS
ST. TAMMANY PARISH HOSPITAL, ET AL.,
Defendants,
ST. TAMMANY PARISH HOSPITAL,
Defendant-Appellee.
_________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
m 2:04-CV-1483
____________________

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Before SMITH, BARKSDALE, and DENNIS,
Circuit Judges.
PER CURIAM:*
MichaelNigro sued his former employer for
sexual harassment and retaliation. The district
court entered summary judgment for the em-
ployer.
We have reviewed the briefs, the applicable
caselaw, and pertinent portions of the record
and have heard the arguments of counsel. We
conclude that summary judgment was ap-
propriate.
Nigro was not discriminated against on ac-
count of his sex, which is a required element of
a sexual harassment claim. His retaliation
claim fails because he did not mention sexual
harassment in his initial complaint to his su-
periors, so he cannot base a retaliation claim
on the fact that he had filed an EEOC charge.
Moreover, he has not shown a causal con-
nection between the EEOC activity and his
constructive discharge.
The summary judgment is AFFIRMED.
* Pursuant to 5TH CIR. R. 47.5, the court has deter-
mined that this opinion should not be published and is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.

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