Where a school district employee who was passed over for a superintendent role sued her employer for discrimination and retaliation in violation of Title VII and 42 U.S.C. §1981, and a jury awarded her damages that included punitive damages, the plaintiff did not engage in a protected activity for the purposes of Title VII by reporting a disparity between middle school and high school facilities since the report did not concern an underlying discriminatory matter, so the jury verdict is vacated, and the case is remanded with directions to enter a judgment as a matter of law for the defendants.

Vacated; remanded.

Warren v. Kemp (MLW No. 80425/Case No. 22-2067 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Miller, J. (William Cody Kees, Little Rock, AR argued for appellant) (Terrence Cain, Little Rock, AR argued for appellee).

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