Filed February 7, 2017
Plaintiff must establish that he exhausted each discrete incident of alleged discriminatory treatment. McBride, 281 F.3d at 1105 (“[B]ecause failure to exhaust administrative remedies is a bar to subject matter jurisdiction, the burden is on the plaintiff as the party seeking federal jurisdiction to show, by competent evidence, that she did exhaust.”).
Filed January 16, 2018
Id. (citing McBride v. CITGO Petroleum Corp., 281 F.3d 1099, 1108 (10th Cir.2002)). In this case, the undisputed facts are that Plaintiff was terminated after she failed to meet the requirements of her CCIP.
Filed April 11, 2017
Plaintiff has the burden of proving that she exhausted administrative remedies. McBride v. CITGO Petroleum Corp., 281 F.3d 1099, 1106 (10th Cir. 2002). To prove a claim of sexual harassment, Plaintiff must prove (1) she was subjected to unwelcome conduct; (2) because of her sex; (3) the conduct was sufficiently severe or pervasive so as to alter the conditions of her employment and create an abusive working environment; and (4) the employer either actively engaged in the harassment or is in some position on which liability can be imputed.