STATE OF MINNESOTA

IN COURT OF APPEALS

A06-1318

Lisa Gagliardi,

Appellant,

vs.

Ortho-Midwest, Inc.,

Respondent.

Filed June 19, 2007

Affirmed in part, reversed in part

Ross, Judge

Concurring in part, dissenting in part

Kalitowski, Judge

Hennepin County District Court

File No. 27-CV-05-010137

Steven Andrew Smith, Adam A. Gillette, Nichols Kaster & Anderson, PLLP, 4600 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402 (for appellant)

Stephen G. Andersen, Jennifer J. Kruckeberg, Ratwik, Roszak & Maloney, P.A., 300 U.S. Trust Building, 730 Second Avenue South, Minneapolis, MN 55402 (for respondent)

Considered and decided by Ross, Presiding Judge; Kalitowski, Judge; and Halbrooks, Judge.

S Y L L A B U S

A report of alleged incidents of sexual harassment made by a third-party nonemployee will not establish a prima facie case of retaliation against an employee under the Minnesota Human Rights Act.

O P I N I O N

ROSS, Judge

This case requires us to decide whether a saleswoman who worked for an orthopedic-devices distributor has raised facts sufficient to preserve her workplace sexual-harassment and retaliation claims for submission to a factfinder.