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Tag Archives: Hostile Environment

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

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 ...

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

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.

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Labor & Employment – Race Discrimination Claim – Hostile Environment – Supervisory Response (access required)

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 summary judgment for employer on claims by two employees that from June 2005 to February 2006, their shift supervisor failed to adequately respond to their complaints.

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