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Tag Archives: Sexual Harassment

Labor & Employment – Civil Rights – Title VII — Sex Discrimination – Sexual Harassment – Stalking & Threats — Defamation (access required)

Dulaney v. Packaging Corp. of America A female production worker at a Roanoke packaging plant who alleges the male employee who supervised her shift sexually harassed her by stalking her, threatening her with disciplinary action if she did not have sex with him and told other employees she was a “whore” and had a sexually transmitted disease, can pursue her Title VII claim, as the 4th Circuit vacates summary judgment for the employer.

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Workers’ Compensation – ‘Arising Out Of’ – Sexual Harassment – Medical Treatment – 17 Years (access required)

Cagle v. Marriott/Guilford College Even though the defendant-employer treated plaintiff’s sexual harassment claim as a workers’ compensation issue and paid her therapy expenses for 17 years, plaintiff’s sexual harassment by her supervisor did not arise out of her employment. Therefore, the Industrial Commission lacks jurisdiction over her claim.

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Labor & Employment – Civil Rights – Sexual Harassment — Faragher/Ellerth Defense (access required)

Walton v. North Carolina Department of Agriculture The defendant-employer had an effective anti-harassment policy in place, plaintiff was trained in the policy, and plaintiff was the employee who posted the policy in the workplace. When plaintiff finally reported the harassment to defendant Brogden’s superior, the superior convinced Brogden to resign immediately. Even though Brogden was generally well-liked, plaintiff’s nebulous fear of retaliation was not a proper basis for remaining silent. If she were retaliated against, she had a remedy under Title VII.

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Labor & Employment – Discrimination – Sexual Harassment – Municipal – Public Employees (access required)

Okoli v. City of Baltimore A woman whose boss, head of a Baltimore aging agency, “forcibly kissed her, fondled her leg, propositioned her, asked sexually explicit questions, described sexual activities he wished to perform and then, after she spurned the advances and filed a harassment complaint, fired her,” stated claims for hostile environment, quid pro quo harassment and retaliation, and the 4th Circuit vacates summary judgment for the employer and remands the harassment suit.

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Civil Practice – Discovery – Rule 35 – Psychiatric Exam – Sexual Harassment Claim – Specific Diagnoses (access required)

Walton v. North Carolina Department of Agriculture. (Lawyers Weekly No. 11-02-0329, 8 pp.) (Louise W. Flanagan, Ch.J.) E.D.N.C. Holding: Even though plaintiff’s emotional distress claims have been dismissed, her psychiatric status is relevant to her remaining Title VII sexual harassment ...

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Workers’ Compensation – Subject-Matter Jurisdiction – Sexual Harassment – Parties’ Agreement (access required)

Cagle v. Marriott/Guilford College. (Lawyers Weekly No. 11-08-0307, 5 pp.) (Danny Lee McDonald, Commissioner) Appealed from Opinion & Award of Deputy Commissioner J. Brad Donovan. I.C. No. W07827. Holding: In 1994, based on plaintiff’s claims of sexual harassment, defendant allegedly ...

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Labor & Employment – Race & Sex Discrimination – Police Academy – Sexual Harassment – Hostile Environment (access required)

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 ...

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