UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

SYLVIA H. WRIGHT,

Plaintiff-Appellant,

v.

No. 95-1764

VIRGINIA ELECTRIC & POWER

COMPANY, now known as Virginia

Power Company,

Defendant-Appellee.

Appeal from the United States District Court

for the Eastern District of Virginia, at Richmond.

James R. Spencer, District Judge.

(CA-94-597-3)

Argued: January 31, 1996

Decided: October 11, 1996

Before WIDENER, LUTTIG, and MOTZ, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

ARGUED: Jay Joseph Levit, LEVIT & MANN, Richmond, Virginia,

for Appellants. Donald Lester Creach, HUNTON & WILLIAMS,

Richmond, Virginia, for Appellee. ON BRIEF: Hill B. Wellford, Jr.,

HUNTON & WILLIAMS, Richmond, Virginia, for Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

The plaintiff, Sylvia Wright, sued the defendant, Virginia Electric

and Power Company (Virginia Power), for sexual and racial harassment and retaliation under Title VII of the Civil Rights Act of 1964.

The United States District Court for the Eastern District of Virginia,

Richmond Division granted summary judgment for Virginia Power.

Miss Wright appeals and raises three claims: (1) did her immediate

supervisor create a hostile working environment for her, (2) did Virginia Power take prompt and effective remedial action in response to

her complaints, and (3) did Virginia Power retaliate against her

because of her complaints and because she filed charges with the

EEOC.

The district court determined that the comments complained of by

Miss Wright were not sufficient to rise to the level of harassment. The

court then determined that even if the comments could be found to be

harassment, Virginia Power could not be held liable for the harassment because it took effective remedial action in response to her complaints. The court also determined that Miss Wright could not

establish a prima facie case of retaliation because she had no evidence

that Virginia Power took adverse employment action against her. The

court finally determined that even had Miss Wright established a

prima facie case of retaliation, Virginia Power had sufficient evidence

that any adverse employment action was taken for a legitimate, nondiscriminatory reason and that Miss Wright did not have sufficient

evidence to establish pretext.

We review a grant of summary judgment de novo . In re Bulldog

Trucking, Inc., 66 F.3d 1390, 1395 (4th Cir. 1995). We have reviewed

the briefs and the record in this case, and after oral argument we are

of opinion that the district court correctly granted summary judgment

for Virginia Power for the reasons expressed in its opinion.

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At oral argument Miss Wright's attorney advises us that she has

since been wrongfully terminated. Any such termination was not litigated in the district court. We ordinarily do not consider a point not

raised in the district court, McGowan v. Gillenwater, 429 F.2d 586,

587 (4th Cir. 1970), and we do not here. We do not consider that

question and express no opinion on it.

The judgment of the district court is accordingly

AFFIRMED.

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