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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 […[...]
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 […]
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 […]
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 […]
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 […]
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[...]
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 […]
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.
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[...]
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 […]
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 […]
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 […]
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