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 ...

Tagged with: 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 ...

Tagged with: Hostile Environment

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 ...

Tagged with: Hostile Environment

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 ...

Tagged with: Hostile Environment

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 ...

Tagged with: 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 ...

Tagged with: Hostile Environment

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, ...

Tagged with: Hostile Environment

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.

Tagged with: Hostile Environment

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.

Tagged with: Hostile Environment Race Discrimination 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 ...

Tagged with: Hostile Environment Labor & Employment Sex Discrimination