Hospital Worker Given Ultimatum Loses Retaliation Suit on Appeal

A nursing assistant failed to show that her former employer retaliated against her for complaining about sexual harassment by giving her an ultimatum to quit or face termination, a federal appeals court in Denver ruled.

Heartland Rehabilitation Hospital LLC had legitimate reasons for telling Tracie Frank she’d be sacked if she didn’t voluntarily leave, including her poor performance and her prior statement to a supervisor that she was looking for a new job, the US Court of Appeals for the Tenth Circuit said in an unpublished decision Tuesday.

The appeals court’s ruling also clarified the standard for deciding whether a ...