Please ensure Javascript is enabled for purposes of website accessibility

Hostile Environment

Dec 14, 2015

Labor & Employment – Civil Rights – Hostile Environment – Same-Sex Harassment – Retaliation Claim – Poor Performance

Davis v. Gregory Poole Equipment Co. (Lawyers Weekly No. 15-02-1121, 10 pp.) (Terrence Boyle, J.) 2:14-cv-00012; E.D.N.C. Holding: Even though plaintiff’s harasser was the same sex as plaintiff, since plaintiff alleged “hundreds” of offensive contacts, including an attempted kiss, plaintiff has made out a prima facie case of hostile environment under Title VII. Defendant’s motion […[...]

Nov 19, 2015

Labor & Employment – Tort/Negligence – Battery & Emotional Distress – Hostile Environment

Wilson v. Gaston County (Lawyers Weekly No. 15-04-1061, 20 pp.) (Graham Mullen, J.) 3:13-cv-00058; W.D.N.C. Holding: Plaintiff has not established that she provided her superiors with all of the material facts surrounding defendant Putman’s sexually harassing behavior, such as the frequency with which it occurred, her attempts to stop him, and that she wanted additional […]

Jul 8, 2015

Labor & Employment — Employer Could Be Liable for Racist Death Threats

Pryor v. United Air Lines Inc. (Lawyers Weekly No. 15-01-0685, 26 pp.) (Gregory, J.) No. 14-1442, July 1, 2015; USDC at Alexandria, Va. (Brinkema, J.) 4th Cir. Holding: The 4th Circuit vacates summary judgment for United Airlines in an African-American flight attendant’s hostile environment suit alleging the airlines failed to adequately respond to racist death […]

May 13, 2015

Labor & Employment — Court Revises ‘Isolated Incident’ Standard

Boyer-Liberto v. Fontainebleau Corp. (Lawyers Weekly No. 15-01-0435, 106 pp.) (King, J.) No. 13-1473, May 7, 2015; USDC at Baltimore, Md. (Bredar, J.) 4th Cir. Holding: An African-American female restaurant employee can try her claims for Title VII hostile environment and retaliation based on her discharge after reporting two instances of a coworker, who may […]

May 13, 2015

Labor & Employment — Court Reverses Post-Wal-Mart Class Decertification

Brown v. Nucor Corp. (Lawyers Weekly No. 15-01-0434, 154 pp.) (Gregory, J.) No. 13-1779, May 11, 2015; USDC at Charleston, S.C. (Houck, J.) 4th Cir. Holding: In this case concerning the certification of a class of black steel workers who allege endemic racial discrimination at a South Carolina plant owned by Nucor Corporation, a split […]

Jan 8, 2015

Labor & Employment — ‘Boorish’ Comments Can Create ‘Hostile Environment’

Walker v. Mod-U-Kraf Homes LLC (Lawyers Weekly No. 001-009-15, 24 pp.) (Agee, J.) No. 14-1038, Dec. 23, 2014; USDC at Roanoke, Va. (Conrad, J.) 4th Cir. Holding: A co-worker’s persistent “boorish” and “moronic” sexual comments, gestures and invitations to plaintiff and other co-workers, whose complaints supervisors allegedly ignored, supported plaintiff’s request for a trial on [&helli[...]

Oct 21, 2014

Labor & Employment — Civil Rights – Race Discrimination – Hostile Environment – Defendant’s Reaction

Stewart v. Jeld-Wen, Inc. (Lawyers Weekly No. 14-04-0974, 12 pp.) (Max Cogburn Jr., J.) 1:13-cv-00240; W.D.N.C. Holding: Where plaintiff alleges that (1) a co-worker routinely directed racial slurs at him, (2) she physically assaulted him while making racially derogatory statements, and (3) plaintiff found a noose in the back of his truck at work, a […]

Oct 31, 2013

Labor & Employment – Civil Rights – Race Discrimination Claim – Hostile Environment — Disparate Treatment & Retaliation – Termination

Tims v. Carolinas Healthcare System, It was insensitive and reprehensible of plaintiff’s supervisor to refer to plaintiff as “you people” or “y’all blacks”; however, these isolated comments do not rise to the level of severity necessary to alter the terms and conditions of employment. Plaintiff has not stated a hostile environment claim.

May 4, 2011

Labor & Employment – Race Discrimination Claim – Hostile Environment – Supervisory Response

EEOC v. Xerxes Corp. An employer survives summary judgment on most of the EEOC's claims of a hostile work environment at a Maryland fiberglass tank plant, characterized by racial harassment of several African-American employees by multiple white employees over a two-year period, from racist slurs to a KKK threat and picture of a person hanging by a noose; but the 4th Circuit vacates summa[...]

Apr 8, 2011

Labor & Employment – Sex Discrimination – Hostile Environment Claim

Hoyle v. Freightliner LLC. (Lawyers Weekly No. 11-01-0355, 25 pp.) (Davis, J.) No. 09-2024, April 1, 2011; USDC at Charlotte (Mullen, J.) 4th Cir. Click here for the full text of the opinion. Holding: The 4th Circuit vacates summary judgment for defendant Freightliner in this Title VII hostile environment suit filed by a female tractor-trailer […]

Dec 23, 2010

Labor & Employment – Race & Sex Discrimination – Police Academy – Sexual Harassment – Hostile Environment

Mosby-Grant v. City of Hagerstown (Lawyers Weekly No. 10-01-1238, 21 pp.) (Gregory, J.) No. 09-2161, Dec. 20, 2010; USDC at Baltimore (Legg, J.) 4th Cir. Click here for the full text of the opinion. Holding: The 4th Circuit reverses summary judgment for the city on an African-American female police recruit’s sexual harassment claim, but affirms […]

Jun 28, 2010

Labor & Employment – Sex Discrimination – Hostile Environment – Physicians’ Practice

EEOC v. Fairbrook Medical Clinic P.A. (Lawyers Weekly No. 10-01-0592, 18 pp.) (Wilkinson, J.) No. 09-1610, June 18, 2010; USDC at Statesville (Voorhees, J.) 4th Cir. Holding: A male physician who was sole owner of his medical clinic must face trial on a female physician and former employee’s complaint of hostile work environment arising from […]

Top Legal News

See All Top Legal News


See All Commentary