42 U.S.C. § 2000e-2

A racially hostile work environment violates § 2000e-2(a)(1) only when the conduct is sufficiently severe or pervasive to alter employment conditions; an isolated offensive slur did not meet that standard.

Jones v. Continental Cuisine, Inc. · filed 2004-07-02(a)(1)

Only when the workplace is “permeated with ‘discriminatory intimidation, ridicule and insult’ that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment” is Title VII violated. ... There is no evidence that Jones was subjected to a hostile work environment.

Section 2000e-2(a)(1) allows workplace pornography to contribute to a hostile work environment claim when considered alongside harassment directed at an employee because of sex.

Williams v. City of Chicago · filed 2004-07-13(a)(1)

Accordingly, we hold that a rational jury could find that some of the conduct underlying Williams’ hostile work environment was directed at her because of her sex. In conjunction with this type of targeted conduct, workplace pornography contributes to her hostile work environment claim because a hostile work environment is determined by the totality of the circumstances.

Section 2000e-2(a) requires hostile work environment harassment to be based on sex; unpleasant workplace conduct alone is insufficient.

Schramm v. Slater · filed 2004-07-14(a)

Nothing in this example suggests that sex was a factor in creating the unpleasant work environment. There does not appear to have been any sex-based harassment, from an objective standard, regardless of whether Plaintiff subjectively perceived sex-based harassment.

Section 2000e-2(a)(1) requires harassment to be severe or pervasive enough to create a hostile work environment.

Payne v. Apollo College-Portland, Inc. · filed 2004-07-26(a)(1)

These circumstances are not severe or pervasive enough to give rise to a hostile work environment.

Section 2000e-2(a)(1) requires conduct alleged as a hostile work environment to be objectively offensive and to affect a term, condition, or privilege of employment.

Fontenot v. Buus · filed 2004-07-26(a)(1)

The Court finds that this conduct, at a matter of law, does not objectively rise to the level of sexual harassment, nor did it affect a “term, condition, or privilege of her employment.”

Section 2000e-2(a)(1) allows facially neutral abuse to be considered alongside overt racial harassment when deciding whether a hostile work environment existed.

Boykin v. Snow · filed 2004-08-11(a)(1)

However, under the O’Shea court’s rationale, facially neutral abusive behavior should be considered along with overtly discriminatory behavior in determining whether a hostile work environment existed.

Section 2000e-2(a)(1) requires conduct severe or pervasive enough to create an objectively hostile work environment.

McPherson, Leslie D. v. City of Waukegan · filed 2004-08-11(a)(1)

With these precedents in mind, we conclude that the inci- dents that occurred prior to Copenharve’s physical assault of McPherson on March 21, 2001, although boorish, do not constitute the severe or pervasive conduct necessary to create an objectively hostile work environment in violation of Title VII.

A single severe incident of sexual harassment may be insufficient to establish a hostile work environment when the employer takes measures to prevent recurrence.

Jones v. Tyson Foods, Inc. · filed 2004-08-13(a)(1)

Likewise, in the matter at hand, Plaintiff only alleges one specific incident of sexual harassment, which allegedly took place on June 3, 2003, and admits that her employer took prophylactic measures to prevent a re-occurrence. ... Despite the severity of the one incident, like the plaintiff in Tatum, Plaintiff cannot establish a hostile working environment.

Section 2000e-2 covers sexual harassment that is severe or pervasive enough to create an objectively hostile work environment and that the employee subjectively experiences as altering working conditions.

Baker v. John Morrell & Co. · filed 2004-09-03

The harassment must be “severe or pervasive enough to create an objectively hostile or abusive work environment” and the victim must subjectively believe her working conditions have been altered.

Section 2000e-2(a)(1) requires national-origin harassment to be sufficiently persistent or severe to alter the conditions of employment for a hostile work environment claim.

Mendoza v. Sysco Food Services of Arizona, Inc. · filed 2004-09-14(a)(1)

The facts alleged by Plaintiff here, even when viewed in a light most favorable to Plaintiff, fail to raise genuine issues of material fact sufficient to support Plaintiffs claim of a hostile work environment.

Section 2000e-2(a)(1) permits a sex-based hostile work environment claim when offensive workplace conduct affects women more harshly, even if men are exposed to it too.

Petrosino v. Bell Atlantic · filed 2004-09-29(a)(1)

The mere fact that men and women are both exposed to the same offensive circumstances on the job site, however, does not mean that, as a matter of law, their work conditions are necessarily equally harsh.

Section 2000e-2(a)(1) does not require an employee to use an employer’s harassment reporting policy to show that she subjectively perceived a hostile work environment.

Zeuner v. Rare Hospitality International, Inc. · filed 2004-10-01(a)(1)

An employee’s use of a sexual harassment reporting policy may be relevant to the employer’s knowledge of offending behavior, but it is irrelevant to the employee’s belief as to whether she is, in fact, being sexually harassed.

Section 2000e-2(a)(1) requires racial harassment to be severe or pervasive enough to alter employment conditions; isolated comments that do not create an abusive environment are insufficient.

Harris v. Franziska Racker Centers, Inc. · filed 2004-10-01(a)(1)

Plaintiffs allegations do not establish hostile work environment harassment. ... The workplace plaintiff describes cannot, as a matter of law, be said to be permeated with discriminatory intimidation, ridicule, and insult that is sufficiently pervasive to alter the conditions of his employment and create an abusive working environment.

Section 2000e-2(a)(1) makes an employer liable for coworker sexual harassment it knew or should have known about if it failed to take proper remedial action.

Wilson v. City of Des Moines · filed 2004-10-05(a)(1)

The fifth and final element in a hostile environment sexual harassment claim where the alleged harassment is perpetrated by a co-worker is whether the employer failed to properly remedy harassment that it knew or should have known about.

Section 2000e-2(a)(1) requires a racially hostile work environment to alter the conditions of employment; the employer’s prompt corrective response bears on whether that standard is met.

Collier v. City of Opelika · filed 2004-10-19(a)(1)

Considering the evidence in its totality — Collier’s deposition testimony and the city’s reasonable efforts to correct promptly all of Lee’s behavior about which Collier complained — the court concludes that Lee’s conduct was not so hostile and unchecked as to alter the conditions of Collier’s employment and create an abusive work environment.

Section 2000e-2 permits a hostile work environment claim when unwelcome harassment based on sex affects a term, condition, or privilege of employment.

Baker v. John Morrell & Co. · filed 2004-10-29

Baker’s hostile work environment claim required proof that 1) she is a member of a protected group, 2) she was subjected to unwelcome sexual harassment, 3) the harassment was based on sex, and 4) the harassment affected a term, condition or privilege of her employment.

Section 2000e-2(a)(1) requires a plaintiff claiming a hostile work environment based on sex to show that the discrimination occurred because of her gender.

West v. Norton · filed 2004-11-01(a)(1)

The plaintiff must also show that the discrimination occurred because of her gender.

Section 2000e-2(a)(1) requires an objectively hostile work environment; one offensive utterance alone does not establish one.

Smith, Randy v. Northeastern IL Univ · filed 2004-11-04(a)(1)

One utterance alone does not create an objectively hostile work environment.

Section 2000e-2(a)(1) requires a hostile work environment claimant to show sex-based conduct severe or pervasive enough to alter working conditions and a basis for holding the employer liable.

Lumoa v. Potter · filed 2004-12-29(a)(1)

In summary, Plaintiff has failed to show she was a victim of sex discrimination. She has not adduced sufficient evidence to show that Palumbo’s rudeness toward her or his involvement in the injury-causing incident was “because of’ her sex, she has failed to show the work environment at the PDC was objectively hostile or abusive enough to alter the conditions of her employment, and she has failed to show the Postal Service knew or should have known of any hostile or abusive behavior by one of its employees.

Section 2000e-2(a)(1) permits a hostile work environment sexual harassment claim against an employer when the complaint sufficiently alleges sex-based harassment.

Smith v. Virgin Islands Port Authority · filed 2005-01-02(a)(1)

Giving the plaintiff all possible benefit of the doubt as I must for the purposes of this motion to dismiss, I find that her amended complaint sufficiently states a claim for hostile work environment sexual harassment under Title VII against VIPA.

A hostile work environment claim under § 2000e-2(a)(1) requires harassment based on sex that alters a term or condition of employment.

Hesse v. Avis Rent A Car · filed 2005-01-10(a)(1)

Hesse failed to establish a prima facie case of sexual harassment because she did not produce evidence to show that Johnson's conduct was based on sex or that his conduct altered a term or condition of her employment, and Avis established an affirmative defense to the claim.

Section 2000e-2(c) prohibits sex discrimination by labor organizations but does not make them liable for a member’s hostile work environment.

Kasper v. City of Middletown · filed 2005-01-13(c)

Because hostile work environment liability is limited to employers, any claims by plaintiffs against Local 466 under this theory fail as a matter of law.

Section 2000e-2(a)(1) prohibits sex-based hostile work environments.

Equal Employment Opportunity Commission v. Federal Express Corp. · filed 2005-01-18(a)(1)

On the basis of this evidence, the jury had a reasonable basis for finding that Intervenor was subjected to a hostile working environment on the basis of her sex. Accordingly, the Court will deny Defendant’s motion for judgment as a matter of law on this ground.

Section 2000e-2(a)(1) allows facially neutral harassment to support a sex-based hostile work environment claim when considered alongside overtly gender-based conduct.

Chavez v. State of New Mexico · filed 2005-02-02(a)(1)

The question then becomes whether Plaintiffs can use a substantial amount of arguably gender-neutral harassment to bolster a smaller amount of gender-based conduct on summary judgment. Our precedents say that they can: “ Facially neutral abusive conduct can support a finding of gender animus sufficient to sustain a hostile work environment claim when that conduct is viewed in the context of other, overtly gender-discriminatory conduct.”

Section 2000e-2(a)(1) requires religious harassment to create an objectively and subjectively hostile work environment severe or pervasive enough to alter employment conditions.

Sprague v. Adventures, Inc. · filed 2005-02-03(a)(1)

We cannot conclude that the district court erred in finding that Carroll’s statements did not create an objectively or subjectively hostile environment after only one week’s time, especially where plaintiff has not shown that he was upset enough to promptly complain to management and where his transfer was, as we have already seen, not pretextual.

Section 2000e-2(a)(1) covers a hostile work environment when the conduct creates such an environment because of the employee’s sex.

Presley v. Pepperidge Farm, Inc. · filed 2005-02-08(a)(1)

Consequently, to prove sex discrimination by virtue of a hostile work environment, the plaintiffs must show: 1) that the alleged conduct amounts to a hostile work environment; and 2) that the alleged conduct created such an environment because of their sex.

Section 2000e-2(a)(1) does not cover workplace harassment motivated by personal animosity rather than race or sex.

Stepheny v. Brooklyn Hebrew School for Special Children · filed 2005-02-17(a)(1)

Conduct motivated by personal animosity does not run afoul of Title VII’s prohibition against altering the terms and conditions of employment because of sex or race.

Section 2000e-2(a)(1) prohibits sex discrimination in employment conditions, including a hostile work environment severe or pervasive enough to alter those conditions.

Velasquez v. Frontier Medical Inc. · filed 2005-02-28(a)(1)

Title VII prohibits an employer from discriminating against an employee with respect to “compensation, terms, conditions, or privileges of employment, because of such individual’s ... sex.” 42 U.S.C. § 2000e-2(a)(l). To establish a hostile work environment claim, “a plaintiff must show that a rational jury could find that the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Davis v. U.S. Postal Serv., 142 F.3d 1334, 1341 (10th Cir.1998)(internal quotations omitted).

Section 2000e-2(a)(1) covers sexual harassment that is severe or pervasive enough to create a hostile work environment.

Dunbar v. County of Saratoga · filed 2005-03-03(a)(1)

Although a close issue, in view of all the circumstances, the court finds that plaintiffs hostile work environment claims are sufficient to withstand summary judgment.

Section 2000e-2(a) does not make an employer liable for a coworker’s harassment if the employer takes reasonably prompt and adequate corrective action after learning of it.

Estevez v. Faculty Club of the University of Washington · filed 2005-03-28(a)

Similarly, an employer is not liable for a hostile working environment under Title VII unless it fails to remedy harassment of which it knows or should know. ... Even viewing the evidence in a light most favorable to Estevez, the Faculty Club’s corrective actions were both reasonably prompt and adequate. On these facts, the actions of Layne cannot be imputed to the Faculty Club.

Section 2000e-2(a)(1) covers racial harassment that is severe or pervasive enough to create an abusive work environment.

Martinez v. Bohls Bearing Equipment Co. · filed 2005-04-11(a)(1)

Plaintiff has presented sufficient summary judgment evidence that the workplace was permeated with “discriminatory intimidation, ridicule, and insult” that was “sufficiently severe or pervasive” so as to alter the conditions of his employment and create an abusive working environment.

A harasser’s senior position can increase the severity of sexual harassment when assessing whether a hostile work environment is actionable under § 2000e-2(a).

Steck v. Francis · filed 2005-04-21(a)

On the “sliding scale” postulated by the court, Francis’s top-level position substantially magnifies the severity of the impact of the incidents, while proportionally increasing the victim’s vulnerability to that harassment, from both an “objective” and a “subjective” perspective.

Section 2000e-2(a)(1) covers sex-based harassment sufficiently abusive to affect a term, condition, or privilege of employment.

Keys v. Washington Metropolitan Area Transit Authority · filed 2005-04-27(a)(1)

Indeed, gender discrimination “includes creating a hostile or abusive work environment if the harassment is sufficiently abusive to affect a ‘term, condition, or privilege’ of employment.”

A bystander’s hostile work environment claim requires evidence that the harassment made the workplace hostile for both the bystander and a reasonable employee in the same position.

Walker, Dennis v. Mueller Streamline · filed 2005-05-11(a)(1)

But Walker has made no attempt to establish that the conduct was so offensive to him as a third party as to render the workplace hostile not only for him but for any reasonable employee who likewise was a bystander rather than a target of the harassment. See Bermudez, 138 F.3d at 1181; see also Smith, 388 F.3d at 567. The record thus lends insufficient support to Walker’s derivative harassment claim.

Section 2000e-2(a)(1) prohibits harassment based on a protected characteristic when it is severe or pervasive enough to alter the terms, conditions, or privileges of employment.

Kamal Al-Zubaidy v. TEK Industries, Inc. · filed 2005-05-11(a)(1)

We conclude the district court appropriately dismissed Al-Zubaidy’s hostile work environment claims because his workplace at the Penitentiary was not permeated with severe or pervasive harassment sufficient to alter the terms, conditions or privileges of employment.

Section 2000e-2(a)(1) requires sex-based harassment to be sufficiently severe or pervasive to create a hostile work environment.

Greene v. A. Duie Pyle, Inc. · filed 2005-05-31(a)(1)

Greene’s allegations, even if accepted as true, do not describe the requisite severity or pervasiveness necessary to create a hostile work environment. The workplace Greene describes, though crude, is not the hellish environment against which Title VII protects.

Section 2000e-2(a)(1) covers racial harassment that creates a hostile work environment, and allegations giving fair notice of such a claim can survive a motion to dismiss.

Cortes-Devito v. Village of Stone Park · filed 2005-05-31(a)(1)

Title VII prohibits actions taken by an employer based on an individual’s race if those actions discriminate against the individual’s “compensation, terms, conditions or privileges of employment.” 42 U.S.C. § 2000e-2(a)(l). ... We find that in Count II, Plaintiffs has provided fair notice and that it sufficiently alleges a viable complaint.

Section 2000e-2(a)(1) requires sexual harassment to be sufficiently severe or pervasive to create a hostile work environment.

Racicot, Anne B. v. Wal-Mart Stores Inc · filed 2005-07-05(a)(1)

Racicot has not demonstrated that the harassment she experienced was severe or pervasive.

Section 2000e-2 requires workplace harassment to be sufficiently severe or pervasive to alter employment conditions and create a discriminatorily abusive working environment.

Bussell v. Motorola, Inc. · filed 2005-07-13

There was no error in granting summary judgment to both Adecco and Motorola on the ground that Bussell did not establish a prima facie case of hostile environment or sexual harassment. There is no record evidence that the harassment for which Bussell complained was sufficiently severe or pervasive to alter the conditions of the employment and create a discriminatorily abusive working environment, in view of the precedents cited by Appellees.

Section 2000e-2(a)(1) prohibits race discrimination in employment terms and conditions, including psychological harm from a hostile work environment.

Nichols v. Billington · filed 2005-07-25(a)(1)

Title VII makes it unlawful for an employer to “discriminate against any individual with respect to compensation; terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(1). “Terms, conditions, or privileges” encompass tangible as well as psychological harm.

Section 2000e-2(a) requires religious harassment to be severe or pervasive enough to alter the conditions of employment for a hostile work environment claim.

Goldschmidt v. New York State Affordable Housing Corp. · filed 2005-08-08(a)

In this case, no reasonable juror could conclude that plaintiffs work environment was “permeated with discriminatory intimidation, ridicule, and insult” that was so severe or pervasive as to alter the conditions of his employment.

Section 2000e-2(a)(1) allows a sex-based hostile work environment claim based on conduct that is not facially sex-specific when circumstantial evidence shows qualitative and quantitative differences in the harassment of women and men.

Equal Employment Opportunity Commission v. National Education Ass'n · filed 2005-09-02(a)(1)

We hold that offensive conduct that is not facially sex-specific nonetheless may violate Title VII if there is sufficient circumstantial evidence of qualitative and quantitative differences in the harassment suffered by female and male employees.

Section 2000e-2(a)(1) requires sex-based harassment to be sufficiently severe or pervasive to support a hostile work environment claim.

Litton v. Maverick Paper Co. · filed 2005-09-21(a)(1)

On this record, plaintiff has not produced evidence sufficient to create a triable issue whether the alleged conduct was sufficiently severe or pervasive to create a hostile work environment.

Section 2000e-2(a)(1) does not make an employer liable for a coworker’s sexually hostile conduct when the employer takes reasonably prompt and adequate corrective action after learning of it.

Estevez v. Faculty Club of Univ. of Wash. · filed 2005-10-03(a)(1)

Similarly, an employer is not liable for a hostile working environment under Title VII unless it fails to remedy harassment of which it knows or should know. ... Even viewing the evidence in a light most favorable to Estevez, the Faculty Club's corrective actions were both reasonably prompt and adequate. On these facts, the actions of Layne cannot be imputed to the Faculty Club.

Section 2000e-2(a)(1) requires sex-based harassment to be sufficiently severe or pervasive to support a hostile work environment claim.

Carter v. New York · filed 2005-10-05(a)(1)

The conduct alleged in this case was not “sufficiently severe or pervasive” to support a claim of hostile work environment under Title VII.

A hostile work environment claim under § 2000e-2(a)(1) requires evidence that the harassment was based on a protected characteristic, such as race or sex.

Collins v. BUECHEL STONE CORP. · filed 2005-10-07(a)(1)

Collins’ Title VII claims falter, though, because no evidence indicates that the harassment was motivated by his race or sex.

Section 2000e-2(a)(1) covers sexual harassment that is severe and pervasive enough to affect a term, condition, or privilege of employment.

Carballo v. Log Cabin Smokehouse · filed 2005-10-28(a)(1)

Because the alleged harassment was objectively severe and pervasive, it affected a term, condition, or privilege of Carballo’s employment at Log Cabin, and Carballo has created a genuine issue of fact of sexual harassment.

When a supervisor takes no tangible employment action, an employer can defend against a Title VII harassment claim by showing that it took reasonable care to prevent and correct harassment and that the employee unreasonably failed to use available remedies.

Tomassi v. Insignia Financial Group, Inc. · filed 2005-11-07(a)(1)

Insignia exercised reasonable care to prevent and correct any sexually harassing behavior, and Tomassi unreasonably failed to take advantage of Insignia’s complaint procedure. Insignia has a valid affirmative defense to Tomassi’s sexual harassment and gender discrimination claims and summary judgment with respect to those claims is granted.

A hostile work environment violates § 2000e-2(a)(1) only when the conduct is severe or pervasive and occurs because of the employee’s sex.

Drummond v. IPC International, Inc. · filed 2005-11-18(a)(1)

Accordingly, the Court finds that Plaintiff has failed to raise a genuine issue of material fact that Weber’s conduct was “severe or pervasive enough to create an objectively hostile or abusive work environment.” ... Second, there is nothing in the record to indicate that the alleged conduct was made on the basis of gender.

Section 2000e-2(a)(1) covers sexual harassment that is severe or pervasive enough to alter employment conditions and create an abusive work environment.

Benny v. Commonwealth of Pennsylvania, Department of Corrections · filed 2005-11-22(a)(1)

The two documented instances where Donald Lepley did communicate overt sexual references do not amount to conduct that permeated the work environment with sexual discrimination. Thus, the Court determines that the Plaintiff has failed to set forth a genuine issue of material fact regarding a sexual discrimination claim, and Defendant’s Motion for Summary Judgment is granted.

Daily sexually derogatory conduct over two years can be sufficiently pervasive and regular to establish a hostile work environment under Section 2000e-2(a)(1).

Grazioli v. Genuine Parts Co. · filed 2005-12-30(a)(1)

Grazioli also asserts that Brodsky commented on female employees’ genitalia at least once a week. We hold that such frequency of action throughout the office is sufficiently pervasive and regular to establish a hostile atmosphere.

Section 2000e-2(a)(1) requires harassment to make the workplace objectively hostile before it supports a hostile work environment claim.

Lara v. Diamond Detective Agency · filed 2006-01-09(a)(1)

In viewing the evidence and drawing all inferences in Lara’s favor, the Court finds that no reasonable jury could find that Lara’s work environment was objectively hostile such that it rose to the level of being hostile or offensive, let alone being “hellish.” Brown’s alleged conduct was infrequent, occurred over a several month period and never reached the level of offensive touching or outrageous comments.

A Title VII hostile work environment claim requires unwelcome harassment based on sex that affects a term or condition of employment, plus employer knowledge and a failure to take proper remedial action.

Brenneman v. Famous Dave's of America, Inc. · filed 2006-01-23(a)(1)

To make out a prima facie case of sexual harassment, Brenneman must show that: (1) she belongs to a protected group; (2) she was subject to unwelcome sexual harassment; (3) the harassment was based on sex; (4) the harassment affected a term, condition, or privilege of employment; and (5) her employer knew or should have known of the harassment and failed to take proper remedial action.

Race-based harassment counts toward Title VII’s severe or pervasive requirement only if the statements or conduct are racial in nature.

Laosebikan v. Coca-Cola Company · filed 2006-01-31(a)

In a race-based case, harassing statements and conduct must be of a racial nature before they can be considered in determining whether the severe or pervasive requirement is met.

Section 2000e-2(a)(1) covers religious harassment when it is severe or pervasive enough to alter the conditions of employment.

Jones v. United Space Alliance · filed 2006-02-03(a)(1)

Title VII prohibits discrimination with respect to an employee’s “terms, conditions, or privileges of employment.” 42 U.S.C. § 2000e-2(a)(1). ... Therefore, the evidence does not establish a genuine issue of material fact concerning the existence of a hostile work environment because it fails to demonstrate conditions sufficiently severe or pervasive to alter the terms of Jones’ employment and or to create a discriminatorily abusive working environment.

Section 2000e-2(a)(1) requires conduct to be sufficiently severe or pervasive to alter the conditions of employment for a hostile work environment sexual harassment claim.

Byers v. HSBC Finance Corporation · filed 2006-02-17(a)(1)

To defeat summary judgment on his sexual harassment claim, Byers bears the burden of showing that the conduct alleged was sufficiently severe or pervasive to alter the conditions of his employment and create a hostile or abusive work environment.

Section 2000e-2(a) requires a hostile work environment claimant to show harassment based on protected status that is severe or pervasive enough to create an objectively hostile workplace.

Singh, Sandhya v. Town Mount Pleasant · filed 2006-03-09(a)

While the remarks of Gleason and Meyer may be inappropriate and offensive, they do not rise to the level of creating an objectively hostile work environment.

Section 2000e-2(a)(1) requires a hostile work environment plaintiff to show severe or pervasive discriminatory intimidation and a basis for holding the employer responsible.

Crocco v. Advance Stores Co. Inc. · filed 2006-03-16(a)(1)

To establish a “hostile work environment” claim, a plaintiff must show that “(1) the workplace was permeated with discriminatory intimidation that was sufficiently severe or pervasive to alter the conditions of her work environment, and (2) that a specific basis exists for imputing the conduct that created the hostile environment to the employer.”

Section 2000e-2(a) prohibits sex-based harassment that creates a hostile work environment.

Ensko v. Howard County, Md. · filed 2006-03-22(a)

Under Title VII, it is unlawful for an employer to discriminate with respect to compensation, terms, conditions, or privileges of employment on the basis of sex. 42 U.S.C. § 2000e-2(a). Conduct that creates a hostile or abusive work environment constitutes sex discrimination in violation of Title VII. ... Taking these facts as true and drawing inferences in favor of the plaintiff, there is a genuine issue whether the alleged conduct created a hostile work environment.

Section 2000e-2(a)(1) requires a hostile work environment plaintiff to have been aware of the alleged harassment while it occurred.

Cottrill v. MFA Incorporated · filed 2006-04-07(a)(1)

Because she did not subjectively perceive the peeping, Cottrill may not rely on the peeping to establish that her work environment was hostile.

Section 2000e-2(a)(1) requires sexual harassment to be sufficiently severe or pervasive to alter employment conditions before it creates an actionable hostile work environment.

Nitsche v. CEO of Osage Valley · filed 2006-05-08(a)(1)

Supreme Court and Eighth Circuit precedent persuades us Hanson’s conduct did not create an actionable hostile work environment.

Section 2000e-2(a)(1) requires a racial hostile work environment claimant to perceive the harassment as racially motivated.

Smith v. Equal Employment Opportunity Commission · filed 2006-05-09(a)(1)

As Sauers shows, Ms. Smith needed to believe not simply that she was being harassed, but also that the harassment was racially motivated.

Section 2000e-2(a)(1) prohibits requiring an employee to work in a discriminatorily hostile or abusive environment.

Valentín-Almeyda v. Municipality of Aguadilla · filed 2006-05-09(a)(1)

One way of violating Title VII is “requiring people to work in a discriminatorily hostile or abusive environment.”

Section 2000e-2(a)(1) prohibits a racially hostile work environment when harassment is severe or pervasive enough to alter the conditions of employment.

Jordan v. Alternative Resources Corp. · filed 2006-05-12(a)(1)

On the question of whether Jordan was complaining of an actual hostile work environment made unlawful by Title VII, we readily conclude that he was not.

Section 2000e-2(a)(1) requires racial harassment to be sufficiently severe or pervasive to create a hostile work environment.

Belton v. City of Charlotte · filed 2006-05-23(a)(1)

While unwelcome and in some cases offensive, the challenged conduct is insufficiently severe or pervasive to create a racially abusive work environment as a matter of law.

Section 2000e-2(a)(1) requires a hostile work environment claim to link the challenged conduct to a protected ground of discrimination.

Lucenti v. Potter · filed 2006-05-25(a)(1)

In this case, there is no evidence of a “linkage or correlation,” ... between the acts complained of and any claimed ground of discrimination.

Section 2000e-2(a)(1) covers a hostile work environment when one incident is extraordinarily severe or repeated incidents are sufficiently continuous and concerted to alter working conditions.

Garone v. United Parcel Service, Inc. · filed 2006-06-27(a)(1)

In sum, a plaintiff must show “either that a single incident was extraordinarily severe, or that a series of incidents were sufficiently continuous and concerted to have altered the conditions of her working environment.”

Section 2000e-2(a)(1) requires workplace sexual harassment to be sufficiently severe or pervasive to alter the conditions of employment.

Mitchell v. Pope · filed 2006-07-14(a)(1)

Although Overbey’s reprehensible behavior only can be described as crass and juvenile, we accept that this behavior--given its relative infrequency--is not the kind of “severe” harassment necessary for liability to attach under Title VII.

Section 2000e-2(a)(1) allows a hostile work environment claim to proceed when gender-based conduct could permit a rational jury to find an abusive workplace.

Sholl v. Plattform Advertising, Inc. · filed 2006-07-17(a)(1)

These comments and conduct fall within the spectrum of what courts have found sufficient for a rational jury to find a hostile work environment.

Section 2000e-2(a)(1) permits liability when an employer treats a woman differently from male colleagues and instigates offensive conduct toward her.

Martin v. City of New York · filed 2006-07-31(a)(1)

the evidence supports the reasonable inference that Martin was treated differently from her male colleagues and that defendants instigated the inmates’ offensive behavior.

Section 2000e-2(a)(1) requires a hostile work environment to be sufficiently severe or pervasive to alter the conditions of employment.

Carrasco v. The Boeing Company · filed 2006-08-02(a)(1)

Having concluded the district court did not err in considering only the four specific statements Hans made to Carrasco in the summer of 2001 and fall of 2002, we also conclude the district court did not err when it granted summary judgment in favor of Boeing. Based on our de novo review of the parties’ briefs and contentions, the district court’s order, and the entire record on appeal, we are convinced no reasonable jury could find from the relevant evidence that Carrasco’s workplace was “permeated with discriminatory intimidation, ridicule, and insult . . . sufficiently severe or pervasive to alter the conditions of [her] employment.” Penry v. Fed. Home Loan Bank of Topeka, 155 F.3d 1257, 1261 (10th Cir. 1998).

Section 2000e-2(a)(1) prohibits a racially hostile work environment when the conduct is severe or pervasive enough to alter the conditions of employment.

Jordan v. Alternative Resources · filed 2006-08-14(a)(1)

On the question of whether Jordan was complaining of an actual hostile work environment made unlawful by Title VII, we conclude that he was not.

A racial hostile work environment claim requires discriminatory conduct severe or pervasive enough to create an abusive working environment.

Jones v. United Parcel · filed 2006-08-22(a)(1)

A plaintiff alleging an unlawfully hostile work environment must show a workplace “permeated with discriminatory intimidation, ridicule, and insult” that is “sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.”

Section 2000e-2(a) requires harassment to be sufficiently severe or pervasive to create an abusive work environment for a sex-based hostile work environment claim.

Moser v. MCC Outdoor, L.L.C. · filed 2006-08-30(a)

The court holds that Plaintiff fails as a matter of law to support the third element, and thus, further analysis is unnecessary. ... Similarly, Plaintiffs allegations are not sufficiently frequent and serious.

Section 2000e-2(a)(1) requires a hostile work environment plaintiff to show that harassment was based on a protected characteristic and was severe or pervasive enough to alter employment conditions.

Abbes v. Embraer Services, Inc. · filed 2006-09-12(a)(1)

The district court did not err in granting EESI’s motion for summary judgment because Abbes cannot prove that any alleged harassment was so severe that it altered the terms and conditions of his employment. Even if the acts Abbes complains of qualified as unwelcome harassment, Abbes presents no evidence that EESI’s management took these actions because of his Tunisian background.

Section 2000e-2(a)(1) requires race-based harassment to affect a term, condition, or privilege of employment to support a hostile work environment claim.

Beaumont v. Texas Department of Criminal Justice · filed 2006-09-13(a)(1)

Beaumont and Fielder, however, cannot satisfy the fourth element, which requires them to proffer evidence demonstrating that the alleged harassment affected a term, condition, or privilege of employment.

Section 2000e-2(a)(1) permits a hostile work environment claim when an employer was negligent in discovering or remedying coworker harassment.

Phelan, Laura v. Cook County · filed 2006-09-18(a)(1)

Phelan’s sexual harassment claims should have sur- vived summary judgment under a negligence theory.

Section 2000e-2(a)(1) requires workplace hostility to be based on a protected characteristic to support a hostile work environment claim.

Muhammad v. New York City Transit Authority · filed 2006-09-20(a)(1)

In her Amended Complaint in this case, plaintiff does not allege that her co-workers’ hostility was caused by her sex or race or religion. ... However, such hostility cannot form the basis of a separate hostile work environment claim under Title VII.

Section 2000e-2(a)(1) prohibits sex-based hostile work environments, and a harassment claim may proceed to trial when the evidence could support a finding of severe or pervasive conduct.

Abdul-Hakim v. Goodyear Tire & Rubber Co. · filed 2006-10-11(a)(1)

This statutory provision prohibits subjecting an employee to a hostile work environment. ... In short, the court concludes that plaintiffs evidence in this case is sufficient to require a trial on plaintiffs sexual harassment claim. Summary judgment is denied.

Section 2000e-2(a) requires courts to assess alleged sexual harassment in context and under the totality of the circumstances when evaluating a hostile work environment claim.

Dar v. Associated Outdoor Club, Inc. · filed 2006-10-23(a)

The district court should have examined incidents eight, nine and ten “in context, not as isolated acts.” Mendoza, 198 F.3d at 1246.

Section 2000e-2(a)(1) requires same-sex workplace harassment to be motivated by sex and sufficiently severe or pervasive to alter employment conditions.

Baugham v. Battered Women · filed 2006-12-20(a)(1)

B ut Plaintiffs presented no evidence that Plaintiffs’ sex motivated Boardwine’s behavior. ... M otivation aside, no reasonable jury could conclude the w orking environment was sufficiently severe or pervasive to sustain Plaintiffs’ claim.

Section 2000e-2(a)(1) allows a racially hostile work environment claim to reach a jury when the evidence could establish pervasive racial harassment.

Herrera v. Lufkin Industries, Inc. · filed 2007-01-04(a)(1)

In this case, Herrera has asserted sufficient evidence from which a jury could find that his work environment was racially hostile.

Section 2000e-2(a)(1) covers sexual harassment that is severe or pervasive enough to alter employment conditions and create an abusive work environment.

Abella v. Puerto Rico Telephone Co. · filed 2007-01-10(a)(1)

The protection against discrimination in employment based on sex provided by Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 (a)(1) has been expanded to areas beyond strictly “economic” and “tangible discrimination” to situations where “sexual harassment is so severe or pervasive as to alter the condition of the victim’s employment and create an abusive working environment.”

Sexual harassment is actionable under § 2000e-2(a)(1) when it is based on sex and sufficiently severe or pervasive to alter the conditions of employment.

Agee v. Potter · filed 2007-02-05(a)(1)

Title VII makes it an "unlawful employment practice" for an employer "to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin . . . ." 42 U.S.C. § 2000e-2(a)(1). ... On its face, the conduct is not sexual in nature, and Agee provided no evidence, other than conclusory allegations, to support the proposition that the properly exhausted conduct was based on her gender. Moreover, even if it were, it was not sufficiently severe or pervasive to alter the terms and conditions of her employment.

Section 2000e-2(a) requires evidence that alleged hostile workplace conduct occurred because of the employee’s race.

Woods v. Enlarged City School Dist. of Newburgh · filed 2007-02-07(a)

Here, the record is devoid of admissible evidence from which a rational factfinder could find that plaintiff was intimidated, ridiculed or insulted because of her race.

Section 2000e-2(a) requires racial harassment to be severe or pervasive enough to alter an employee’s working conditions.

Washington v. The Kroger Co. · filed 2007-02-08(a)

We are satisfied that the district court committed no error in granting Kroger summary judgment on Washington’s hostile environment claim. ... These comments, though demeaning, were not severe or extreme. Nor were they so pervasive that they altered Washington’s conditions of employment because Dean was one employee, out of the presumably dozens that worked at the store, who made the comments over a relatively short period of time.

Section 2000e-2 requires harassment to be based on sex to support a sexually hostile work environment claim.

Nez v. BHP Navajo Coal · filed 2007-04-05(a)(1)

None of the alleged harassment incidents were gender-based, as required for this type of claim under Title VII. ... After our de novo review, we conclude that the district court’s order of July 19, 2005 applied the proper standards, conducted an appropriate analysis, and reached the correct result.

Section 2000e-2(a)(1) permits a hostile work environment claim to proceed when evidence raises a genuine factual dispute about sex-based harassment and employer liability.

Perez v. Globe Ground North America, LLC · filed 2007-04-05(a)(1)

Because Perez has presented sufficient evidence to create a genuine issue of material fact as to whether she was subject to sexual harassment based on a hostile work environment, Count I of her First Amended Complaint survives Defendants’ Motion for Summary Judgment.

Section 2000e-2(a)(1) permits a hostile work environment claim based on discriminatory conduct the employee learns of, even if the conduct was not intended for the employee to receive.

Equal Employment Opportunity Commission v. PVNF, L.L.C. · filed 2007-05-14(a)(1)

W e have never held, nor would we, that to be subjected to a hostile work environment the discriminatory conduct must be both directed at the victim and intended to be received by the victim.

Section 2000e-2(a)(1) does not make a single, relatively isolated comment actionable as hostile environment sexual harassment when it is not sufficiently severe.

Turner v. the Saloon, Ltd. · filed 2007-05-25(a)(1)

But that comment does not on its face appear particularly threatening or humiliating, nor does it seem inflammatory enough to interfere unreasonably with Turner’s work performance. Rather it seems like a “relatively isolated” event that alone is not actionable.

Section 2000e-2(a)(1) allows a racial hostile work environment claim to proceed when factual disputes remain about the harassment’s severity and the employer’s response.

Jones v. Delta Towing LLC · filed 2007-06-04(a)(1)

As to the fourth factor, the Court finds that there exists a material issue as to Delta’s alleged failure to take prompt remedial action.

Section 2000e-2 permits a hostile work environment claim based on sexist harassment even when the conduct is not motivated by sexual desire.

Boumehdi, Julie v. Plastag Holdings · filed 2007-06-04(a)(1)

Although most of Vega’s alleged comments were sexist rather than sexual, our precedent does not limit hostile environment claims to situations in ... which the harassment was based on sexual desire.

A racially hostile work environment requires harassment severe or pervasive enough to alter the conditions of employment; three isolated incidents over two months were insufficient.

Buckhanon v. Huff & Associates Const. Co., Inc. · filed 2007-06-11(a)(1)

Three isolated instances over a two month period do not establish a work environment permeated with hostility.

Section 2000e-2(a)(1) covers sexual harassment sufficiently severe or pervasive to create a hostile work environment.

Schmidt v. Medicalodges, Inc. · filed 2007-06-27(a)(1)

The Court concludes, however, that plaintiff has testified to conduct that a reasonable jury could find to have been sufficiently severe or pervasive to create a hostile working environment.

Section 2000e-2(a) prohibits employers from subjecting employees to a racially hostile work environment.

Hawkins v. County of Oneida, NY · filed 2007-07-24(a)

It is clear from the text of Title VII, particularly 42 U.S.C. § 2000e-2(a), that employers are prohibited from taking discriminatory employment actions against employees; however, Title VII also prohibits employers from subjecting employees to a racially hostile work environment.

Section 2000e-2(a)(1) permits employer liability when sex-based harassment creates a hostile or abusive work environment.

Equal Employment Opportunity Commission v. Caterpillar Inc. · filed 2007-08-09(a)(1)

Title VII prohibits an employer from discriminating “against any individual with respect to [her] compensation, terms, conditions, or privileges of employment, because of such individual’s ... sex .... ” 42 U.S.C. § 2000e-2(a)(l). It is implicit in this provision that an employer may be liable “if an employee’s work environment is discriminatorily hostile dr abusive.”

A hostile work environment claim under Section 2000e-2(a)(1) requires sexually discriminatory conduct sufficiently severe or pervasive to alter employment conditions and create an abusive working environment.

Mire v. TEXAS PLUMBING SUPPLY CO., INC. · filed 2007-08-29(a)(1)

Thus the court measures Plaintiffs claim by the criteria for a hostile work environment: “(1) Sexually discriminatory intimidation, ridicule and insults, which are (2) sufficiently severe or pervasive that they (3) alter the conditions of employment and (4) create an abusive working environment.”

A religious hostile work environment claim requires harassment that is severe or pervasive.

Hamera v. County of Berks · filed 2007-09-21(a)(1)

Thus, Hamera’s claim does not satisfy the second element of “severe or pervasive” because the 2004 comment regarding ... the visiting priest–while inappropriate–does not rise to the requisite level of harassment that a reasonable jury would find actionable.

Section 2000e-2(a)(1) requires racial harassment to be sufficiently severe or pervasive to establish a hostile work environment claim.

Lovelace v. BP Products North America, Inc. · filed 2007-10-19(a)(1)

In sum, we conclude that the present circumstances are comparable to those cases in which we have found workplace conduct to be “merely offensive” but not sufficiently severe or pervasive to be cognizable under Title VII.

A hostile work environment claim may include incidents occurring while an employee is physically absent from the workplace.

Greer v. Paulson · filed 2007-11-02(a)(1)

We join our sister circuits in rejecting a per se rule against considering incidents alleged to have occurred while an employee was physically absent from the workplace. There are various ways in which a hostile environment may extend beyond the physical workplace, and thus contribute to and form part of a hostile environment claim.

A hostile work environment claim requires harassment because of sex; offensive conduct affecting men and women similarly does not meet that requirement.

Foss v. Circuit City Stores, Inc. · filed 2007-11-08(a)(1)

The Court agrees that Foss failed to meet his burden because the summary judgment record provides evidence that Lounsbury treated both males and females at Circuit City similarly.

Section 2000e-2(a)(1) requires evidence of sex-based harassment sufficiently severe or pervasive to create an abusive work environment; offensive workplace conduct alone is insufficient.

Strickland v. Jewell · filed 2007-11-15(a)(1)

Offensive language or conduct, including provocation of other employees and use of “ambiguously sexual innuendos,” while arguably inappropriate, does not alone create a hostile work environment under Title VII.

Section 2000e-2(a)(1) requires harassment to be sufficiently severe or pervasive to support a hostile work environment claim.

Guerrero v. Lowe's Home Centers, Inc. · filed 2007-11-16(a)(1)

In the instant case, where the sex-related conduct complained of was principally name calling, no single incident was sufficiently severe to give rise to a cause of action, nor was the alleged harassment sufficiently pervasive to meet the threshold for a hostile work environment.

Section 2000e-2(a)(1) requires harassment to be objectively severe or pervasive enough to create a hostile work environment.

Rigau v. Pfizer Caribbean Corp. · filed 2007-11-30(a)(1)

Viewed objectively, Rivera’s comments and actions cannot be said to create an abusive and hostile work environment, but ordinary tribulations of the workplace.

Section 2000e-2(a)(1) prohibits a sexually hostile work environment when harassment is sufficiently severe or pervasive to alter the conditions of employment.

Rush v. Speedway Buick Pontiac GMC, Inc. · filed 2007-12-04(a)(1)

In sum, viewing the summary judgment record in the light most favorable to Ms. Rush, she was subjected to gender-based intimidation, ridicule, and insult by Mr. Conroy that was sufficiently severe or pervasive to alter the conditions of her employment by creating an abusive working environment.

Section 2000e-2(a)(1) requires discriminatory harassment to be sufficiently severe or pervasive to support a hostile work environment claim.

Heba v. New York State Division of Parole · filed 2007-12-11(a)(1)

Accordingly, Plaintiff has not raised a triable issue concerning the existence of a hostile work environment, and his Title VII claim on this ground must therefore fail. Defendant’s summary judgment motion, with respect to this claim, is granted.

Frequent harassment can create a hostile work environment even when individual incidents are not severe.

Lauderdale v. Texas Department of Criminal Justice, Institutional Division · filed 2007-12-21(a)(1)

The inverse is also true: Frequent incidents of harassment, though not severe, can reach the level of “pervasive,” thereby altering the terms, conditions, or privileges of employment such that a hostile work environment exists.

Section 2000e-2(a)(1) does not require touching, sexual advances, or overtly sexual comments to establish a hostile work environment.

Billings v. Town of Grafton · filed 2008-02-07(a)(1)

But, as we have said, no particular "types of behavior" are essential to a hostile environment claim.

Section 2000e-2(a)(1) requires severe or pervasive harassment and a basis for employer liability to establish a hostile work environment claim.

McCloud v. United Parcel Service, Inc. · filed 2008-02-11(a)(1)

Accordingly, because the alleged incidents of discrimination were not severe or pervasive, and because there is no basis for imposing employer liability, Plaintiff has failed to establish a prima facie case of hostile work environment under Title VII.

Section 2000e-2(a)(1) requires a hostile work environment claim to involve conduct tied to a protected characteristic that is severe or pervasive enough to alter employment conditions.

Willems v. City of North Las Vegas · filed 2008-02-20(a)(1)

Although Willems may feel she was not treated well following the finalization of her settlement agreement with the City, none of the treatment she received can be objectively characterized as gender-related, as required by Title VII, nor does the described treatment rise to the level of severity that triggers liability.

Section 2000e-2(a)(1) requires a hostile work environment claim to involve conduct tied to a protected characteristic that is severe or pervasive enough to alter employment conditions.

Sword-Frakes v. City of North Las Vegas · filed 2008-02-20(a)(1)

The other treatment cited cannot be objectively characterized as gender-related, as required by Title VII, nor does it rise to the level of severity that triggers liability.

Section 2000e-2(a)(1) requires conduct severe or pervasive enough to create an objectively hostile work environment; an isolated humiliating incident that falls short does not establish a sex discrimination claim.

Cardona v. Potter · filed 2008-02-29(a)(1)

Although Plaintiff could have felt humiliated by the conduct of his supervisor towards him, this conduct was not, objectively speaking, severe enough to constitute a hostile work environment under Title VII.

Section 2000e-2(a)(1) requires conduct that creates an objectively hostile or abusive work environment and alters the conditions of employment.

Mangum v. Town of Holly Springs · filed 2008-03-17(a)(1)

Plaintiffs work environment, while perhaps unpleasant, is simply not a situation that an objectively reasonable person would find hostile or abusive such that it altered the terms of plaintiffs employment.

Section 2000e-2(a)(1) covers racial harassment when a jury could find a supervisor’s threatening remarks regular and pervasive.

Streater v. City of Camden Fire Department · filed 2008-03-17(a)(1)

Rather, should a jury credit Plaintiffs evidence, it could reasonably find that Plaintiff was the victim of regular and pervasive discrimination on account of his race.

A hostile work environment claim under § 2000e-2(a) requires conduct that is objectively severe or pervasive, subjectively abusive, and because of the employee’s sex.

Anderson v. Nassau County Department of Corrections · filed 2008-03-18(a)

the plaintiff must plead facts showing that the complained of conduct: “(1) is objectively severe or pervasive-that is, creates an environment that a reasonable person would find hostile or abusive; (2) creates an environment that the plaintiff subjectively perceives as hostile or abusive; and (3) creates such an environment because of the plaintiffs sex.”

Section 2000e-2(a)(1) covers sexual harassment that is sufficiently severe or pervasive to create an objectively abusive work environment, even when the employee continues to receive positive performance evaluations.

Freytes-Torres v. City of Sanford, Florida · filed 2008-03-25(a)(1)

Freytes-Torres has established the objective reasonableness of her perception that she was subjected to severe and pervasive harassment that created an abusive work environment.

Section 2000e-2(a)(1) requires courts to consider the totality of the circumstances when deciding whether sexual harassment is severe or pervasive enough to create a hostile work environment.

Ojemudia v. Rite Aid Services, L.L.C. · filed 2008-03-28(a)(1)

The Court must consider the totality of the circumstances when determining whether, objectively, the alleged harassment is sufficiently severe or pervasive to constitute a hostile work environment.

Section 2000e-2(a)(1) covers racial harassment severe or pervasive enough to alter employment conditions when an employer knows or should know of the harassment and fails to remedy it.

Tademy v. Union Pacific Corp. · filed 2008-04-01(a)(1)

Taking all of the hostile environment factors into account along with Union Pacific’s response and, again, drawing all reasonable inferences in Mr. Tademy’s favor, as we must, we hold that a reasonable jury could find that Mr. Tademy was subjected to a racially hostile work environment in violation of Title VII.

Section 2000e-2 requires workplace harassment to be based on sex to support a hostile work environment claim.

Guarino v. St. John Fisher College · filed 2008-04-16(a)

The Court first considers Plaintiffs claim of hostile work environment. While Plaintiff contends that Dr. Freeman subjected her to a hostile work environment based on sex, such position is at odds with her deposition testimony.

Section 2000e-2(a) requires sexual harassment to be severe or pervasive enough to alter the terms and conditions of employment.

Webb-Edwards v. Orange County Sheriff's Office · filed 2008-04-22(a)

We are persuaded that a reasonable person would not consider Sgt. Mankewich’s comments about Ms. Webb-Edwards’s figure and good looks severely hostile or abusive. Ms. Webb-Edwards has failed to demonstrate that Sgt. Mankewich’s inappropriate comments about Ms. Webb-Edwards’s appearance unreasonably interfered with her work performance or the terms and conditions of her employment.

Section 2000e-2(a)(1) requires a hostile work environment to be subjectively offensive to the employee; an undisputed belief that the workplace was hostile satisfies that requirement.

Wolf v. Price Erecting Co. · filed 2008-04-29(a)(1)

In this case, Price does not contest that Wolf believed her work environment was hostile, and thus meets the subjective prong of this element.

Section 2000e-2(a)(1) permits a hostile work environment claim when evidence raises genuine disputes about the elements of sex-based harassment.

Mathias v. Allegheny Valley School · filed 2008-05-16(a)(1)

After reviewing the evidence, I find that genuine issues of material fact exist as to the elements necessary to prove the existence of a hostile work environment claim. Therefore, I deny AVS’s motion for summary judgment on this claim.

Section 2000e-2(a)(1) covers sex-based hostile work environment claims, which may proceed when material facts about the required elements are disputed.

McGlone v. Allegheny Valley School · filed 2008-05-16(a)(1)

After reviewing the evidence, I find that genuine issues of material fact exist as to the elements necessary to prove the existence of a hostile work environment. Therefore, I deny AVS’s motion for summary judgment on this claim.

Section 2000e-2(a)(1) permits summary judgment on a sexual harassment claim when the alleged conduct could not constitute a severe and hostile work environment even if a jury believed it.

Stevens v. Water District One of Johnson County · filed 2008-05-19(a)(1)

When a plaintiff makes allegations that could not constitute a severe and hostile work environment even if believed by a jury, however, the court may enter summary judgment against the plaintiff. ... Because plaintiff cannot establish a prima facie case of sexual harassment, the Court need not address WaterOne’s argument that it has established the affirmative defense set out in Faragher, 524 U.S. at 775, 118 S.Ct. 2275.

Section 2000e-2(a)(1) allows an employer to defeat a hostile work environment claim when employees fail to use known grievance procedures and the employer promptly addresses the harassment once notified.

Jones v. City of Lakeland · filed 2008-06-06(a)(1)

With respect to the hostile work environment claims, although Jones and Singleton were aware of the City’s anti-discrimination and anti-harassment policies prior to their EEOC complaints, neither filed grievances alleging a hostile environment, and this failure is fatal to those claims. Moreover, once the City learned of the allegations following the EEOC charge, the City investigated and took prompt remedial action.

Section 2000e-2(a)(1) requires sexual harassment to be objectively severe or pervasive enough to create a hostile work environment; an isolated crude prank did not meet that standard.

Rodriguez-Robles v. Pfizer Pharmaceuticals, LLC · filed 2008-06-17(a)(1)

Viewed objectively, Torres’ and Morales’ actions cannot be said to create an abusive and hostile work environment, but an isolated-crude sexual prank.

Section 2000e-2(a)(1) covers a racially hostile work environment when harassment is severe or pervasive; unsupported general claims about offensive remarks do not establish one.

Doreen Fuelling v. New Vision Med. Laboratories · filed 2008-06-27(a)(1)

In light of the foregoing, Fuelling has failed to create a genuine issue of material fact regarding the severity or pervasiveness of the alleged racially derogatory language. We therefore affirm the district court’s grant of summary judgment to the defendants on Fuelling’s claim of discrimination based on a hostile work environment.

Section 2000e-2 permits a hostile work environment claim based on severe or pervasive harassment that alters employment conditions, even when the employee cannot establish constructive discharge.

Steele v. Schafer · filed 2008-08-01(a)

The district court’s rejection of Steele’s constructive discharge claim on the ground that she did not show working conditions “so intolerable, so aggravating, that any reasonable person would have felt compelled to quit,” Order at 15, simply does not address whether Steele successfully made the lesser showing that she experienced severe or pervasive harassment that altered the conditions of her employment. Accordingly, the district court’s holding as to the former does not suffice to warrant rejection of Steele’s hostile work environment claim.

Section 2000e-2(a)(1) requires conduct to be sufficiently severe or abusive to establish a sex-based hostile work environment.

Rosario v. Department of the Army · filed 2008-08-08(a)(1)

She failed to prove that she was subjected to conduct sufficiently severe or abusive so as to constitute hostile work environment based on sex.

A sexual harassment claim under § 2000e-2(a)(1) can support a jury verdict when substantial evidence shows a hostile work environment.

Bjornson v. DAVE SMITH MOTORS/FRONTIER LEASING AND SALES · filed 2008-07-31(a)(1)

In viewing the totality of the evidence in a light most favorable to Plaintiff, the Court finds that Plaintiff presented substantial evidence to support the jury’s conclusion that she was subjected to a hostile work environment.

A sex-based hostile work environment claim fails when trial evidence does not establish a hostile work environment.

Vargas v. United States Government · filed 2008-08-18(a)(1)

In this case, a review of the evidence presented at trial points to the conclusion that plaintiff has failed to present sufficient evidence to establish the existence of a hostile work environment.

A sexual harassment claim under § 2000e-2(a)(1) can go to trial when the employee presents sufficient evidence of a hostile work environment.

Gavin v. Rogers Technical Services, Inc. · filed 2008-08-22(a)(1)

Having considered the five elements of a prima facie case for a hostile work environment sexual harassment claim, we conclude that Gavin produced sufficient evidence to present her claim to the trier of fact. We determine, therefore, that the district court erred in granting RTSI's motion for summary judgment as to the hostile work environment claim.

Section 2000e-2(a)(1) permits a hostile work environment claim when discriminatory conduct is sufficiently severe or pervasive to alter the conditions of employment.

Jackson v. City and County of Denver · filed 2008-08-26(a)(1)

Plaintiff's allegations concerning her work environment—disagreement regarding the Michael Jackson verdict; a comment about the University of Phoenix, Plaintiff's alma mater; and Plaintiff's younger African American supervisor—are simply not sufficient in terms of frequency, severity, or interference with her job performance to maintain a hostile work environment claim.

Section 2000e-2(a)(1) permits a hostile work environment claim to proceed when the complaint’s allegations may support a valid claim, even if the allegations are bare.

Kearney v. City of Bridgeport Police Department · filed 2008-09-02(a)(1)

Therefore, the Court will grant plaintiffs motion for reconsideration and finds dismissal inappropriate on plaintiffs hostile work environment claim at this stage.

Section 2000e-2(a) covers workplace harassment that is sufficiently severe or pervasive to create a hostile work environment.

Shockley v. Healthsouth Central Georgia Rehabilitation Hospital · filed 2008-09-17(a)

Because Shockley alleged frequent, severe, threatening, and humiliating verbal harassment by her supervisor, she alleged sufficient facts to support an inference that the discrimination she suffered was severe and pervasive.

Section 2000e-2(a)(1) requires harassment to be severe or pervasive to support a hostile work environment claim; sporadic remarks over several years do not suffice.

Asghar v. Paulson · filed 2008-09-24(a)(1)

Such sporadic conduct, spread over a period of up to nine years, does not amount to an actionable claim of harassment under Title VII.

Isolated racial comments that are not severe or pervasive enough to change working conditions do not establish a hostile work environment under § 2000e-2(a)(1).

Lindsey v. Whirlpool Corporation · filed 2008-10-02(a)(1)

Instead, these racial comments, while certainly unacceptable, appear to be isolated incidents which are not, in themselves, severe and pervasive enough to constitute a hostile working environment.

Section 2000e-2(a)(1) covers racial harassment that is sufficiently severe or pervasive to alter the terms and conditions of employment.

Smith v. Cingular Wireless · filed 2008-11-10(a)(1)

Taken together, these actions are sufficient to constitute harassment that affected the terms and conditions of Smith’s employment.

Evidence of harassment of other employees in the same workplace can support a sexually hostile work environment claim under § 2000e-2(a)(1), even if the plaintiff did not witness it.

Ziskie v. Mineta · filed 2008-11-14(a)(1)

When examining all the circumstances of a plaintiff’s work- place environment, evidence about how other employees were treated in that same workplace can be probative of whether the environment was indeed a sexually hostile one, even if the plaintiff did not witness the conduct herself.

Section 2000e-2(a)(1) covers sex-based harassment that is sufficiently severe or pervasive to alter the conditions of employment.

Durkin v. Verizon New York, Inc. · filed 2009-01-07(a)(1)

This Court has no hesitation finding that the acts against Plaintiff, as alleged and viewed in their totality, were sufficiently pervasive, severe, and frequent that a reasonable jury could find that Plaintiffs workplace was altered for the worse.

Section 2000e-2(a)(1) covers sex-based harassment that creates a severely abusive work environment.

Martinez v. Rico · filed 2009-01-20(a)(1)

Plaintiffs allegations, if true, depict a highly uncomfortable work situation, which could reasonably be construed as severely abusive. As such, those claims based on Plaintiffs allegations of a hostile work environment continuing after the 2002 settlement cannot be dismissed at this juncture.

Continuous racist graffiti in workplace restrooms can be sufficiently severe or pervasive to support a hostile work environment claim.

Equal Employment Opportunity Commission v. Ceisel Masonry, Inc. · filed 2009-01-23(a)(1)

Continuous subjection to such graffiti clearly could suffice to demonstrate a hostile work environment. ... The Court cannot find as a matter of law that such conduct is insufficiently severe or pervasive to state an actionable claim of harassment.

Section 2000e-2(a)(1) requires a hostile work environment claimant to show that harassment was based on a protected trait and affected a term, condition, or privilege of employment.

Garza v. Laredo Independent School District · filed 2009-01-30(a)(1)

Garza does not, however prove that the harassment was based on his race or national origin.

Section 2000e-2(a) covers discriminatory hostile or abusive work environments through its prohibition on discrimination in the terms, conditions, or privileges of employment.

Pilgrim v. McGraw-Hill Companies, Inc. · filed 2009-02-18(a)

The phrase “terms, conditions, or privileges of employment” is broad enough to render actionable making an employee work in a discriminatory, hostile or abusive environment.

Section 2000e-2(a)(1) requires sexual harassment to be severe or pervasive enough to create a hostile working environment.

Lockett v. Choice Hotels International, Inc. · filed 2009-02-26(a)(1)

In sum, we conclude that under the totality of the circumstances, there is no genuine factual issue that Watson’s conduct was not severe or pervasive enough to create a hostile working environment. Accordingly, USCR was entitled to summary judgment on Lockett’s claims of sexual harassment under Title VII and the FRCA.

Section 2000e-2(a)(1) requires sexual harassment to be severe or pervasive enough to create a hostile work environment.

Hensman v. City of Riverview · filed 2009-03-10(a)(1)

Even considering all of the allegations as sexual, however, Hensman has failed to show that the harassment she suffered created a hostile work environment.

Sex-specific degrading language can satisfy the requirement that harassment be based on sex in a hostile work environment claim under § 2000e-2(a)(1).

Murphy v. City of Aventura · filed 2009-05-06(a)(1)

Such sex specific language does satisfy the third “based upon” element.

Harassment can be based on sex for a Title VII hostile work environment claim even when the conduct is not directed at the employee.

Gallagher v. C.H. Robinson Worldwide, Inc. · filed 2009-05-22(a)(1)

This conclusion reflects a mistaken perception of what is required to find that conduct is “based on sex” in the legal sense.

Section 2000e-2(a)(1) requires racial harassment to be sufficiently severe or pervasive to alter the terms and conditions of employment for a hostile work environment claim.

Freeman v. City of Riverdale · filed 2009-06-01(a)(1)

These statements were too sporadic and isolated to establish discrimination so objectively severe and pervasive as to alter the terms and conditions of Freeman’s employment. Therefore, Freeman’s allegations were insufficient to support a hostile work environment claim.