News & Analysis as of

Hostile Environment Employment Litigation Summary Judgment

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Genova Burns LLC

Employer Documentation Saves the Day & Earns Dismissal of Age Bias Lawsuit

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On April 4, 2022, in the matter of Jane Rocks, et al. v. PNC Investments LLC, et al., a three-judge Appellate Panel affirmed the Superior Court’s grant of summary judgment in favor of PNC Investments LLC and dismissing the...more

Genova Burns LLC

NJ Appellate Narrows the Road in Auto Dealership’s Sexual Harassment Case

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On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in...more

Seyfarth Shaw LLP

Eight Circuit Maintains High Bar for Hostile Work Environment Claims

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Seyfarth Synopsis: The Eighth Circuit Court of Appeals ruled that a manager’s behavior toward an employee was “reprehensible and improper,” but did not rise to the level of a hostile work environment under Title VII, and...more

Seyfarth Shaw LLP

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

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Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Holds Alleged ‘Unsavory and Unpleasant’ Behavior Not Legally ‘Pervasive’ for Purposes of Title VII Harassment...

In Allen v. Ambu-Stat, LLC, No. 18-10640 (January 16, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia district court’s dismissal of a former employee’s sexual harassment claim and delivered a...more

Cozen O'Connor

HR Investigations Pay Dividends: A Healthier Workplace and Protection in Court

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Many HR professionals spend a significant amount of time investigating employee complaints and, depending on the outcome of these investigations, implementing corrective measures to halt and prevent bad behavior in the...more

Seyfarth Shaw LLP

Second Circuit Rules Against Plaintiff in AutoZone Case and Allows Nixing of her Deposition

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Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and...more

Butler Snow LLP

Take This Job And Shove It – Alabama Supreme Court Elaborates On “Voluntarily” Leaving Employment

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If you quit your job because of a hostile work environment, is it still “voluntary”? According to the Alabama Supreme Court’s July 12, 2019 opinion in Arnold v. Hyundai Manuf. Ala., LLC, it is. In Arnold, Hyundai hired Arnold...more

Butler Snow LLP

TN Appeals Court Reinstates Hostile Work Environment and Whistleblower Claims

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An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Americans with Disabilities Act Prohibits Hostile Work Environments, Second Circuit Rules

On March 6, 2019, the U.S. Court of Appeals for the Second Circuit decided Fox v. Costco Wholesale Corporation, eliminating any uncertainty concerning whether an employee can assert a hostile work environment claim under the...more

Sherman & Howard L.L.C.

Supervisor’s Racial Epithets Are “Hellish” Enough

A defendant-employer won summary judgment on a racially hostile environment claim. The district court reached back to old cases and said the employee-plaintiff had to show the work environment was “hellish” to be actionable....more

Seyfarth Shaw LLP

Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For...

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Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more

Bradley Arant Boult Cummings LLP

Just What Does A Racially Hostile Environment Look Like? The Eleventh Circuit Provides Some Guidance

What constitutes a racially hostile work environment? Is one really bad comment specifically aimed at the plaintiff sufficient or do you need a sustained series of racial comments? What if you have both but no evidence that...more

FordHarrison

Sixth Circuit Holds Employer Not Vicariously Liable For Actions Of Alleged Supervisor In Title VII Same-Sex Sexual Harassment...

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Recently, the United States Court of Appeals for the Sixth Circuit in Hylko v. U.S. Steel Corporation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging same-sex sexual harassment...more

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