Norton Healthcare, Inc. v. Lual A. Deng (formerly Jacob L. Aker)

Summary

The Kentucky Supreme Court reversed the Court of Appeals and reinstated summary judgment for Norton on Aker's post-termination retaliation claim. The court held that the appellate court improperly invoked the futile-gesture doctrine sua sponte, although the relevant attorney conversation was admissible under KRE 408. Aker nevertheless failed to establish an adverse employment action because he neither applied for nor identified a particular position he sought after filing his lawsuit.