42 U.S.C. § 2000e-2
Unlawful employment practices: the cases that interpreted this section
17,966 citing cases reviewed of 23,155 in the citation index: 12,593 interpreted the section (annotated below), 5,373 cited it only in passing. Cases filed after 2026-01-28 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 2000e-2?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Hostile work environment
Section 2000e-2(a) requires harassment to be severe or pervasive enough to create a hostile work environment.
Perry v. Secretary Army · filed 2009-06-05(a)
Viewing the “overall scenario” in the light most favorable to Perry, Caver, 420 F.3d at 263, we hold that no reasonable jury could conclude that the Army’s conduct was severe or pervasive enough to create a hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(c)(1) prohibits sex discrimination by a union, including harassment severe enough to alter the conditions of union membership.
Scott v. City of New York Department of Correction · filed 2009-06-17(c)(1)
In particular, the Court does not find — as Seabrook defendants urge — that no reasonable juror could conclude plaintiffs allegations against Seabrook defendants, if proven at trial, establish that the union and its leadership “otherwise discriminate[d]” against Scott on the basis of her sex through a course of conduct that includes one very severe, alleged event.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits sex-based harassment that is severe or pervasive enough to create a hostile work environment.
Easley v. YMCA of Metropolitan Milwaukee, Inc. · filed 2009-06-25(a)(1)
Moreover, the few sexist comments that Easley attributes to Johnson over the eight months she worked under him do not amount to objectively serious or pervasive conduct.Read the full opinion on CourtListener →
Sex-based harassment can support a hostile-work-environment claim when it is sufficiently severe or pervasive to alter the conditions of employment.
Donaldson v. CDB Inc. · filed 2009-07-06(a)(1)
Needless to say, there is no mathematical formula to determine whether conduct is sufficiently severe or pervasive to establish a hostile-work-environment claim. On the other hand, the summary-judgment record establishes a genuine issue of material fact for this claim.Read the full opinion on CourtListener →
Section 2000e-2 requires harassment based on sex to be sufficiently severe or pervasive to support a hostile work environment claim.
Davis v. Dimensions Health Corp. · filed 2009-07-17
However, Plaintiffs allegation fall short of the sufficiently pervasive or severe harassment required to establish a prima facie case of hostile work environment based on gender.Read the full opinion on CourtListener →
An employer that knows of coworker harassment must take steps reasonably calculated to end it; an ineffective response can leave a hostile work environment claim for a jury.
Equal Employment Opportunity Commission v. Central Wholesalers, Inc. · filed 2009-07-21(a)(1)
Viewing this evidence in the light most favorable to the EEOC, we find that a rational juror could find that Central "failed to take additional action . . . reasonably calculated to end the harassment." Sunbelt, 521 F.3d at 320.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires a sex-based hostile work environment claim to rest on discriminatory working conditions; difficult conditions shared by men and women do not suffice.
McKinnon v. Gonzales · filed 2009-07-24(a)(1)
Plaintiff has identified no evidence suggesting that he and the other employees of Unit Three were exposed to the challenging work conditions he identifies on account of being male or on account of having engaged in Title VII-protected conduct.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a hostile work environment claim to proceed when alleged sexual harassment could reasonably be found severely abusive.
Martinez v. Rico · filed 2009-08-11(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.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires harassment to be objectively severe or pervasive enough to alter employment conditions for a hostile work environment claim.
Leroy Hill, Jr. v. Emory University · filed 2009-08-25(a)(1)
We agree with the district court that the employment actions cited by Hill were not so objectively severe or pervasive as to alter the terms and conditions of his employment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires a race-based hostile work environment claim to involve severe or pervasive harassment and a basis for employer liability.
Dawson v. City of Chicago · filed 2009-08-27(a)(1)
To establish a hostile work environment claim, the plaintiff must show that (1) he was subject to unwelcome harassment; (2) the harassment was based on his race; (3) the harassment was severe or pervasive so as to alter the conditions of the work environment by creating a hostile or abusive situation; and (4) there is a basis for employer liability.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires sex-based harassment to be sufficiently severe or pervasive to affect a term, condition, or privilege of employment for a hostile work environment claim.
Anderson v. Family Dollar Stores of Arkansas, Inc. · filed 2009-09-01(a)(1)
Here, even assuming Anderson’s evidence raises an inference that the harassment by her supervisor, White, was based on her sex, it was not “sufficiently severe or pervasive” to “affeet[] a term, condition, or privilege” of her employment and to “create an abusive working environment.”Read the full opinion on CourtListener →
Title VII permits a sex-based hostile work environment claim to proceed when the evidence allows a jury to find the harassment pervasive and severe.
Taylor v. CITY OF FRIDLEY · filed 2009-09-15(a)(1)
The Court also finds that the pervasiveness and severity of whatever sexual harassment Taylor endured is a question of fact for the jury.Read the full opinion on CourtListener →
Section 2000e-2 requires conduct to be sufficiently severe or pervasive to alter employment conditions or create an abusive work environment for a hostile work environment claim.
Smith v. Richardson · filed 2009-10-13
Assuming (without deciding) that these two incidents had a sexual connotation, they were isolated and, though in bad taste, were not sufficiently severe or pervasive to alter the conditions of Smith’s employment or create an abusive work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires race-based discrimination to be severe or pervasive to establish a hostile work environment.
Mufti v. AARSAND & CO., INC. · filed 2009-10-22(a)(1)
The second element requires a plaintiff to show that the discrimination was “severe or pervasive” to constitute a hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a) requires a race or national origin hostile work environment claim to involve unwelcome harassment that affects a term, condition, or privilege of employment.
Konnethu v. Harris County Hospital District · filed 2009-10-28(a)
In order to maintain a claim of hostile work environment based on national origin or race discrimination, a plaintiff must demonstrate that: 1) he is a member of a protected group; 2) he was subjected to unwelcome harassment; 3) the harassment complained of was based on race or national origin; and 4) the harassment affected a term, condition, or privilege of employment. ... The court has reviewed Defendant’s deposition and there is no mention of any frequent, severe conduct that was physically threatening or humiliating or that interfered with his work performance. ... Accordingly, Defendant’s motion for summary judgment on Plaintiffs hostile work environment claim is GRANTED.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a hostile work environment claim when discriminatory conduct is sufficiently severe or pervasive to alter employment conditions; a single incident must be extremely serious.
Chavers v. SHINSEKI · filed 2009-11-05(a)(1)
The Court disagrees, for the Rogers incident does not rise to the level of severity necessary to be actionable on its own under Title VII.Read the full opinion on CourtListener →
A hostile work environment claim requires conduct severe or pervasive enough to alter employment conditions; a brief, nonviolent demand for a kiss without physical contact is insufficient on its own.
Chavers v. Mansfield · filed 2009-11-05(a)(1)
The Court disagrees, for the Rogers incident does not rise to the level of severity necessary to be actionable on its own under Title VII.Read the full opinion on CourtListener →
A prior consensual relationship does not bar a hostile work environment claim when pervasive sexual harassment continues after the relationship ends.
Sclafani v. PC Richard & Son · filed 2009-11-09(a)(1)
If all of those facts are credited, a jury could reasonably conclude that the harassment was not only pervasive, but was based on gender regardless of whether plaintiff and Piscopo had a prior relationship.Read the full opinion on CourtListener →
Section 2000e-2(a) requires race-based harassment to be sufficiently severe or pervasive to alter the terms and conditions of employment for a hostile work environment claim.
Alexander v. Opelika City Schools · filed 2009-11-10(a)
Even assuming Alexander established the first three elements of a hostile work environment claim, upon consideration of the totality of the circumstances, we conclude that the harassment was not sufficiently severe or pervasive as to alter the terms and conditions of his employment.Read the full opinion on CourtListener →
A hostile working environment claim under § 2000e-2(a)(1) fails when the alleged conduct does not show discrimination based on race, color, religion, sex, or national origin.
Lau v. Department of Education · filed 2009-12-29(a)(1)
None of these reasons, however, demonstrate discrimination based on the Plaintiff’s “race, color, religion, sex, or national origin.”Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits sexual harassment severe or pervasive enough to create a hostile work environment; a few incidents of unwanted sexual touching may suffice.
Benitez v. American Standard Circuits, Inc. · filed 2010-01-05(a)(1)
This provision implicitly protects an employee from sexual harassment that is either severe or pervasive enough to create a hostile work environment. ... Even though Benitez alleges only a few incidents of unwanted touching and requests for sex, these incidents — and perhaps the forced oral sex alone — are severe enough to constitute a hostile work environment in violation of Title VII.Read the full opinion on CourtListener →
A hostile work environment claim requires consideration of all alleged circumstances, including events that occur while the employee is on leave.
Langley v. Chertoff · filed 2010-01-06(a)
Accordingly, in evaluating the merits of Plaintiff’s claim, the Court must consider “all the circumstances” alleged, including those events occurring after Plaintiff took leave from the Department in September of 2005.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires a sex-based hostile work environment claim to rest on treatment because of the employee’s own sex; offense at conduct demeaning to women alone is insufficient for a male employee’s claim.
Krasner v. AG · filed 2010-01-07(a)(1)
Krasner’s concern for a woman’s right to be free of workplace discrimination, and offense taken upon being surrounded by conduct believed to impinge on that right, admirable as it may be, does not make Krasner himself a victim of gender-based discrimination within the scope of Title VII’s protections.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a hostile work environment claim based on severe or pervasive gender-specific conduct, even when the conduct is not directed at the plaintiff personally.
Reeves v. C.H. Robinson Worldwide, Inc. · filed 2010-01-20(a)(1)
A final principle that guides us in this decision is that words and conduct that are sufficiently gender-specific and either severe or pervasive may state a claim of a hostile work environment, even if the words are not directed specifically at the plaintiff.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a hostile work environment claim to proceed when evidence could show severe or pervasive sex-based harassment and a basis for holding the employer responsible.
Civil Service Employees Ass'n v. New York State Department of Parks, Recreation & Historic Preservation · filed 2010-01-25(a)(1)
Accordingly, summary judgment on Langsford and Bullock’s hostile work environment claims would be unjustified.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) allows a religion-based hostile work environment claim to reach a jury when the evidence permits a finding that the supervisor singled out the employee because of his religion.
Chowdhury v. Bair · filed 2010-01-26(a)(1)
Similarly, although the plaintiffs deposition testimony makes it unclear whether Henning was referring to his own family or the CDR team when he said “we are a Christian family,” when viewed in the light most favorable to the plaintiff, a jury could conclude that Henning was intentionally singling out the plaintiff based on his religion.Read the full opinion on CourtListener →
Section 2000e-2 allows a sex-based hostile work environment claim to proceed when repeated comments by a supervisor plausibly create an abusive workplace.
Morris v. Associates · filed 2010-01-26(a)(1)
In sum, the complaint, which alleges that plaintiff was repeatedly the target of sex-based comments by Lerner, sufficiently alleges a plausible hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits a hostile work environment based on religion; evidence that a supervisor singled out an employee because of his religion can present a question for the jury.
Chowdhury v. Gruenberg · filed 2010-01-26(a)(1)
Similarly, although the plaintiff’s deposition testimony makes it unclear whether Henning was referring to his own family or the CDR team when he said “we are a Christian family,” when viewed in the light most favorable to the plaintiff, a jury could conclude that Henning was intentionally singling out the plaintiff based on his religion.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers unwelcome sex-based conduct that is severe or pervasive enough to create a hostile work environment when there is a basis for employer liability.
Turner v. the Saloon, Ltd. · filed 2010-02-08(a)(1)
This theory requires Turner to establish that: (1) he was subjected to unwelcome sexual conduct, advances, or requests; (2) because of his sex; (3) the acts were severe or pervasive enough to create a hostile work environment; and (4) there is a basis for employer liability.Read the full opinion on CourtListener →
A hostile work environment claim requires unwelcome sex-based harassment severe or pervasive enough to alter employment conditions and a basis for employer liability.
Henneman v. AIRTRAN AIRWAYS · filed 2010-03-31(a)(1)
To succeed on this claim, a plaintiff must show that (1) she was subjected to unwelcome harassment, (2) the harassment was based on her sex, (3) the harassment was sufficiently severe or pervasive so as to alter the conditions of her employment and create a hostile or abusive atmosphere, and (4) there is a basis for employer liability.Read the full opinion on CourtListener →
Section 2000e-2(a) requires harassment to be severe or pervasive enough to affect a term, condition, or privilege of employment for a hostile work environment claim.
Helton v. Southland Racing Corp. · filed 2010-04-05(a)
While Southland asserts that the record will not support a finding that Ms. Partee's remarks to Ms. Helton were racially based, this court need not reach that issue here because, regardless of Ms. Partee's motivation, we conclude that the harassment that Ms. Helton suffered was not severe or pervasive enough to affect a term, condition, or privilege of her employment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits employer liability for sexual harassment when the employer knew or should have known of it and failed to take prompt, appropriate corrective action.
West v. Tyson Foods, Inc. · filed 2010-04-15(a)(1)
Viewing the evidence in the light most favorable to West, the jury reasonably could have found that Tyson knew or should have known of the harassment and that Tyson’s response reflected an attitude of permissiveness.Read the full opinion on CourtListener →
A hostile work environment claim may proceed when evidence of conduct toward the plaintiff and other female employees permits a fact finder to view the harassment as motivated by sex.
Rorrer v. Cleveland Steel Container · filed 2010-04-28(a)(1)
When this incident is viewed along with Rorrer’s claim that Gilbert was constantly staring at her breasts and other evidence highlighted by Rorrer regarding Gilbert’s history of “continuous harassment of his female co-workers,” his conduct towards her could be viewed by a fact finder as gender motivated.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers sex-based harassment that creates a hostile work environment, and a jury may decide whether sustained harassment meets that standard.
Rosario v. Department of Army · filed 2010-06-02(a)(1)
In sum, a jury reasonably could find that Rosario met her burden to show conduct that created a hostile work environment within the meaning of Title VII.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits sexual harassment that is sufficiently severe or pervasive to create a hostile work environment.
Bruno v. Monroe County · filed 2010-06-16(a)(1)
First, we conclude that a reasonable jury could find, based on the evidence presented at trial, that McCoy’s conduct was sufficiently severe or pervasive to constitute a hostile work environment based on sexual harassment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires a race-based hostile work environment claim to show that the alleged harassment was based on race.
Montgomery v. SEARS ROEBUCK & CO. · filed 2010-06-17(a)(1)
The Court finds that Montgomery has presented no genuine issue of material fact regarding whether Gewin’s alleged harassment of her was based on her race, and therefore she has failed to present a prima facie case for a hostile work environment under Title VII.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) allows a hostile work environment claim when sex-based harassment is severe or pervasive enough to alter working conditions.
Equal Employment Opportunity Commission v. Fairbrook Medical Clinic · filed 2010-06-18(a)(1)
For the reasons above, we conclude that the EEOC has pro- duced evidence from which a reasonable jury could conclude that Kessel’s conduct was severe or pervasive enough to create a hostile work environment.Read the full opinion on CourtListener →
Facially sex-neutral harassment may support a hostile work environment claim when evidence permits an inference that it was motivated by the employee’s sex.
Kaytor v. Electric Boat Corp. · filed 2010-06-29(a)(1)
So long as there is some evidentiary basis for inferring that facially sex-neutral incidents were motivated by the plaintiffs gender, the ultimate question of whether such abuse was “because of’ the plaintiffs gender, 42 U.S.C. § 2000e-2(a)(1), is a question of fact for the factfinder.Read the full opinion on CourtListener →
A racially hostile work environment claim requires evidence from which a reasonable person could find the workplace objectively hostile.
Verges v. SHELBY COUNTY SHERIFF'S OFFICE · filed 2010-07-08(a)(1)
The Court therefore finds that no fact issue exists as to whether a reasonable person would find Plaintiffs work environment objectively hostile. Defendant’s Motion for Summary Judgment is GRANTED as it relates to Plaintiffs claim of a racially hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a hostile work environment claim based on alleged race and gender harassment.
Patterson v. Xerox Corporation · filed 2010-08-02(a)(1)
Accepting all of these allegations as true, as the Court must on a motion to dismiss, the allegations state a claim for a hostile work environment. Accordingly, Defendants’ Motion to dismiss Plaintiffs First, Second, Fourth and Fifth Causes of Action for hostile work environment based on race and gender is denied.Read the full opinion on CourtListener →
A hostile work environment claim requires harassment severe or pervasive enough to alter the terms or conditions of employment.
Garriga v. Novo Nordisk, Inc. · filed 2010-08-05(a)
Taylor’s boorish conduct, alleged to have occurred on nine days over a period of five months, is far less severe and pervasive than even the conduct alleged in Mendoza.Read the full opinion on CourtListener →
A plaintiff can satisfy the sex-discrimination element of a Title VII hostile work environment claim with evidence from which a jury could infer discrimination based on sex.
Dreshman v. Villa · filed 2010-08-11(a)(1)
Therefore, viewing the record in the light most favorable to him, Plaintiff has, at a minimum, presented sufficient evidence from which a reasonable jury could infer sex-based discrimination in accord with the first element.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) allows a court assessing a hostile work environment to consider the impact at work of a coworker’s harassing call made after hours and away from the workplace.
Satterfield v. Karnes · filed 2010-08-23(a)(1)
With this Sixth Circuit opinion, albeit unpublished, and absent any contrary Sixth Circuit law preventing the Court from considering the obscene phone call from Mann to Satterfield, the Court will not ignore the “real social impact” of this phone call on Satterfield’s work environment, especially when considered as part of the totality of the circumstances.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits racial harassment that creates a hostile work environment.
Fuller v. Fiber Glass Systems, LP · filed 2010-08-25(a)(1)
The evidence here is enough to permit a reasonable juror to find that Fuller’s work environment was permeated with discriminatory intimidation, ridicule, and insult.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits an employer from condoning a sexually hostile work environment, but harassment must be severe or pervasive to be actionable.
Grassmyer v. Shred-It USA Inc · filed 2010-08-25(a)(1)
Title VII of the Civil Rights Act makes it unlawful for an employer to condone a sexually hostile work environment. 42 U.S.C. § 2000e-2(a)(1); Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986). ... Even when combined with their other complaints, there is an insufficient showing of harassment to be actionable.Read the full opinion on CourtListener →
Section 2000e-2(a) prohibits a sexually hostile work environment when sex-based harassment affects a term or condition of employment and the employer fails to take prompt and effective remedial action.
Sheriff v. Midwest Health Partners, P.C. · filed 2010-08-30(a)
The jury reasonably found from the evidence produced that Sheriff was subjected to a sexually hostile work environment that affected a term, condition, or privilege of her employment and for which Midwest failed to take prompt and effective remedial action.Read the full opinion on CourtListener →
Section 2000e-2(a) requires racial harassment to be severe or pervasive enough to affect the terms and conditions of employment for a hostile work environment claim.
Reeves v. DSI Security Services, Inc. · filed 2010-08-31(a)
Because Reeves failed to demonstrate that he suffered severe or pervasive racial harassment that affected the terms and conditions of his employment, the district court properly granted summary judgment in favor of DSI and ABC on Reeves’ hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers a hostile work environment caused by pervasive, unwelcome sexual advances when the employer’s inadequate response allows the harassment to continue.
Eeoc v. Prospect Airport · filed 2010-09-03(a)(1)
The EEOC is correct, though, that the pervasiveness and the inadequate response by the employer established a jury question of whether her overtures led to an abusive environment.Read the full opinion on CourtListener →
Section 2000e-2(a) covers a hostile work environment when sex-based harassment is sufficiently severe or pervasive to alter the conditions of employment.
Kleehammer v. Monroe County · filed 2010-09-08(a)
To establish a claim of hostile work environment discrimination, a plaintiff must show that the harassment was sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires more than limited, isolated incidents of racial harassment to establish a hostile work environment.
Hall v. Interstate Brands Corporation · filed 2010-09-15(a)(1)
Third, the district court correctly rejected the claim of hostile work environment because Mr. Hall alleged only limited, isolated incidents of inappropriate conduct, and he personally heard only one racial comment that was directed at him.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers severe or pervasive sexual harassment that alters employment conditions, and an employer may be liable for coworker harassment when it knows of the conduct and fails to respond reasonably.
Pellegrini v. Sovereign Hotels, Inc. · filed 2010-09-15(a)(1)
Contrary to Sovereign’s contentions that the incidents alleged were “sporadic and not so severe,” (Defs. Mem. of Law at 17, Dkt. No. 26:21), the conduct alleged by Pellegrini illustrates a workplace in which the harassment engaged in by Parkhurst was sufficiently severe and pervasive as to alter the conditions of Pellegrini’s employment and create an abusive and intimidating working environment.Read the full opinion on CourtListener →
Sex-specific derogatory language can support a hostile work environment claim under § 2000e-2(a)(1), even when men and women hear the same language.
Kendel v. Local 17AUnited Food &, Commercial Workers · filed 2010-09-16(a)(1)
There is evidence that Barnes frequently used the type of sexually-explicit and derogatory language found by the Sixth Circuit in Gallagher to be “based on sex” in the union office. Accordingly, pursuant to Gallagher, there is sufficient evidence to create at least a material issue of fact as to whether Plaintiff experienced harassment “based on sex.”Read the full opinion on CourtListener →
A single racial remark does not establish a hostile work environment under § 2000e-2(a) unless it is severe enough to alter working conditions.
Ghaly v. U.S. Department of Agriculture · filed 2010-09-16(a)
The Court finds that the “go help your brother” comment allegedly made by Greenberg is insufficient alone to support a Title VII hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires a sex-based hostile work environment to involve discriminatory harassment severe or pervasive enough to alter employment conditions.
Zamot v. Monroe County Department of Human Services · filed 2010-09-21(a)(1)
Judged under the authority set forth above, Zamot has failed to satisfy his burden of demonstrating that he was subjected to a hostile work environment based on his gender. The credible trial proof simply contains no evidence that Zamot’s co-workers or supervisors harassed Zamot, let alone that they did so because he was male.Read the full opinion on CourtListener →
Section 2000e-2(a) permits a racial harassment claim to proceed when repeated racial insults could be found pervasive enough to alter the conditions of employment.
Means v. City and County of San Francisco · filed 2010-09-17(a)
As in El-Hakem, a reasonable jury could conclude that Means was subjected to harassment so pervasive as to alter the conditions of her employment. ... Therefore, summary judgment as to Means’s Title VII and FEHA harassment claims is DENIED.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers race or national origin harassment that is sufficiently severe or pervasive to alter the conditions of employment and create an abusive work environment.
Mendez v. Starwood Hotels & Resorts Worldwide, Inc. · filed 2010-09-30(a)(1)
Therefore, I am not ordering a new trial on the issue of hostile work environment based on race or national origin discrimination. ... This particular form of harassment is actionable “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.”Read the full opinion on CourtListener →
A sex based hostile work environment claim requires admissible evidence that the work environment resulted from sex discrimination.
Howell v. New Mexico Department of Aging & Long Term Services · filed 2010-10-12(a)(1)
We conclude that a rational trier of fact could not find from the admissible evidence that the character of Howell’s work environment was the result of sex discrimination. Accordingly, summary judgment was appropriate on Howell’s sex discrimination claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires incidents supporting a racially hostile work environment claim to be connected to race and objectively hostile or abusive.
Smith v. Fairview Ridges Hospital · filed 2010-10-27(a)(1)
Several of the allegations made by Smith—the comments regarding Smith’s lunch, acne, and ability to speak Spanish; the coworker’s comment about Smith’s conversation with the Somali volunteer; and the image on The Onion—at most only tenuously relate to race. ... Because no “reasonable person would find [these events] hostile or abusive,” Faragher, 524 U.S. at 787, we hold that those allegations do not corroborate Smith’s claim that she suffered from a hostile work environment even as they are considered in the totality of the circumstances of Smith’s work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) allows a hostile work environment claim when an employer knows of repeated race-based customer harassment and may have condoned it or failed to remedy it.
Mutua v. TEXAS ROADHOUSE MANAGEMENT CORP. · filed 2010-11-10(a)(1)
There is a jury question as to whether the steps taken by Texas Roadhouse to assign only white servers to the customers on four separate occasions ratified or condoned the discriminatory conduct and/or whether Texas Roadhouse had remedied the discriminatory conduct. Thus, summary judgment on the hostile work environment claim is denied.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires racial harassment to be sufficiently severe or pervasive to alter employment conditions for a hostile work environment claim.
Penn v. USF Holland, Inc. · filed 2010-11-16(a)(1)
The court, accordingly, must conclude that Penn has failed to show a genuine issue of material fact as to whether his workplace was “permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of [his] employment and create an abusive working environment.”Read the full opinion on CourtListener →
Section 2000e-2(d) covers sex-based harassment at an employment training academy when the harassment is severe or pervasive, alters training conditions, and is imputable to the employer.
Mosby-Grant v. City of Hagerstown · filed 2010-12-20(d)
Because there is a legally sufficient evidentiary basis for a reasonable jury to find that Mosby-Grant was the victim of sex-based employment discrimination, we conclude that the district court erred in granting the City’s motion for summary judgment as a matter of law on her Title VII claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers sexual harassment based on a hostile work environment as a form of sex discrimination.
Edwards v. Murphy-Brown, L.L.C. · filed 2011-01-04(a)(1)
The second type of sexual harassment is harassment based on a hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2 covers sexual harassment that plausibly creates a hostile work environment attributable to an employer.
Tucker v. Howard University Hospital · filed 2011-01-07
For the foregoing reasons, the Court finds that the plaintiffs have pleaded sufficient factual allegations to make it plausible that they were subjected to a hostile work environment created by the actions of Dr. Mountvarner. The defendant’s motion to dismiss the Title VII and DCHRA claims is therefore denied.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires a hostile work environment claim to allege harassment based on sex and facts supporting the employer’s liability for it.
Lawrence v. Christian Mission Center Inc. of Enterprise · filed 2011-01-31(a)(1)
Because Lawrence has failed to plead facts giving rise to a plausible claim that Christian Mission is legally responsible for the conduct of its residents, in addition to the grounds indicated above, Christian Mission’s Motion to Dismiss is due to be granted as to Lawrence’s hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires sex-based harassment to be sufficiently severe or pervasive to create a hostile work environment.
Hollins v. PREMIER FORD LINCOLN MERCURY, INC. · filed 2011-02-07(a)(1)
In this case, the Plaintiffs complaints are even less severe than those in Shepherd. Thus, they are riot actionable under Title VII.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits race or sex discrimination that creates a hostile or abusive work environment.
Moore v. CRICKET COMMUNICATIONS, INC. · filed 2011-02-15(a)(1)
The Court finds that Mikkola’s conduct was severe and created a hostile and abusive work environment. Summary judgment on this claim is inappropriate.Read the full opinion on CourtListener →
A racially hostile work environment under § 2000e-2(a)(1) requires conduct severe or pervasive enough to be objectively hostile and subjectively abusive.
Riley-Jackson v. Casino Queen, Inc. · filed 2011-03-01(a)(1)
As to Wright’s claim of a hostile work environment, “[u]nder Title VII, a hostile work environment exists when racially-motivated conduct is so severe or pervasive that it is objectively hostile and the victim [himself] finds it abusive.” ... In sum, Wright has provided sufficient evidence to stave off summary judgment on his hostile work environment claim.Read the full opinion on CourtListener →
Under § 2000e-2, an employer is liable for coworker harassment if it knows or should know of the harassment and fails to take prompt, appropriate remedial action.
Wilson v. Moulison North Corp. · filed 2011-03-21
In other words, the plaintiff must demonstrate that the employer knew or should have known about the harassment yet failed to take prompt and appropriate remedial action.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers a hostile work environment when conduct because of sex is severe or pervasive enough to alter employment conditions and is imputable to the employer.
Hoyle v. FREIGHTLINER, LLC · filed 2011-04-01(a)(1)
In short, viewing the evidence in the light most favorable to Hoyle, we are persuaded that Hoyle satisfies the "because of sex" element of her hostile work environment claim for purposes of summary judgment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires sexual harassment to be sufficiently severe or pervasive to create an objectively hostile or abusive work environment.
Maldonado-Ortiz v. De San Juan · filed 2011-04-04(a)(1)
The conduct must be sufficiently severe or pervasive for a reasonable person to find that the work environment was hostile or abusive.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a hostile work environment claim when school administrators ignore threats to a teacher because of his race or sex.
Cepada v. BOARD OF EDUC. OF BALTIMORE COUNTY · filed 2011-04-28(a)(1)
Cepada’s allegation that administrators were “responsive” to dangerous student incidents involving his Caucasian and female colleagues raises the reasonable inference that “but for” Cepada’s race or sex, he would not have been ignored. ... Thus, Cepada has sufficiently alleged a hostile work environment claim under Title VII and § 1981.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a hostile work environment claim when sexual harassment is severe and pervasive enough to change the conditions of employment.
Petril v. Cheyney University of Pennsylvania · filed 2011-04-29(a)(1)
A reasonable jury could find that such conduct was objectively severe and pervasive enough to change the conditions of Plaintiffs work environment. ... Plaintiff has pled sufficient factual allegations to state a plausible claim of “hostile environment” sexual harassment.Read the full opinion on CourtListener →
Section 2000e-2’s hostile work environment rule can be satisfied when provocative pictures of women sexualize the workplace because of sex.
Harris v. Mayor and City Council of Baltimore · filed 2011-05-06
Similarly here, we are persuaded that a reasonable juror could find on this record that the “provocative pictures” throughout the shop areas sexualized Harris’s work place and satisfied the “because of” gender requirement.Read the full opinion on CourtListener →
Section 2000e-2 permits employer liability when an employer fails to remedy third-party harassment that creates a hostile work environment.
Bodman v. Maine, Department of Health & Human Services · filed 2011-05-26(a)(1)
Of course, “[i]t is well established that employers may be liable for failing to remedy the harassment of employees by third parties who create a hostile work environment.”Read the full opinion on CourtListener →
A race-based hostile work environment claim may proceed when a material factual dispute exists about the employer’s response to racial harassment.
Nijem v. Alsco, Inc. · filed 2011-06-03(a)(1)
The Court concludes that a material factual dispute exists on whether Defendant’s response to Plaintiffs claims was adequate or manifested indifference or lack of a reasonable response to racially discriminatory remarks.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) allows a hostile work environment claim against an employer when alleged sexual harassment plausibly alters the conditions of employment.
Sisco v. DLA Piper LLP · filed 2011-06-15(a)(1)
The facts alleged in Sisco’s complaint are sufficient to withstand the Defendant’s motion to dismiss the hostile work environment claim against Defendant DLA Piper. ... Accordingly, Sisco’s complaint states a plausible hostile work environment claim under Title VII.Read the full opinion on CourtListener →
Section 2000e-2 requires a factual basis for imputing hostile work environment harassment to the employer.
Harris v. Mayor and City Council of Baltimore · filed 2011-06-23
Presently before the Court on remand from the United States Court of Appeals for the Fourth Circuit is an issue not reached in this Court’s previous decision granting summary judgment in favor of Defendant Mayor & City of Baltimore (the “City”): Whether Plaintiff Lynette Harris (“Harris”) has demonstrated some factual basis for imputing liability to her employer, the City, as required to support a prima facie case of hostile work environment sex discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2. ... For the reasons set forth below, the City’s motion for summary judgment on the issue of employer liability is hereby DENIED.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits a racially hostile work environment when harassment is sufficiently severe or pervasive to alter employment conditions.
Cyprian v. AUBURN UNIVERSITY MONTGOMERY · filed 2011-07-01(a)(1)
This section prohibits an employer from maintaining a hostile work environment. ... Third, assuming that Cyprian’s allegations of racial harassment are true, when viewed cumulatively, the racial harassment is insufficiently severe to support a hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-2(a) requires harassment to be sufficiently severe or pervasive to alter the conditions of employment for a hostile work environment claim.
Smith vs Naples Community Hospital, Inc. · filed 2011-07-07(a)
Taking the cumulative effect of Cooper’s lack of communication, his make-work assignments, his “petty slights,” the screaming incidents, and the other conduct Smith identified, Smith failed to show that the conduct was sufficiently severe or pervasive to state a hostile-work-environment claim.Read the full opinion on CourtListener →
An employer may face a Title VII hostile work environment claim when the plaintiff states facts showing an unlawful employment practice.
Dumas v. Hurley Medical Center · filed 2011-07-26
Title VII liability attaches to unlawful employment practices of employers, employment agencies, labor organizations, or the joint actions of these entities. 42 U.S.C. § 2000e-2. ... Therefore, Plaintiff has stated a claim against her employer based upon a hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires alleged sex-based harassment to be severe or pervasive enough to create a hostile work environment.
Galeski v. City of Dearborn · filed 2011-08-09(a)(1)
Assuming that Galeski established all the other elements of this claim, we agree with the district court that the incidents alleged are not severe or pervasive enough such that a reasonable jury could conclude that Defendants created a hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a sexual harassment claim based on a hostile work environment when the alleged conduct is sufficiently severe or pervasive to alter employment conditions.
Bergbauer v. Mabus · filed 2011-09-14(a)(1)
While discovery may reveal, as the Secretary contends, that this pattern of misconduct doesn’t rise to the level of severity called for by the law, Ms. Bergbauer has alleged acts that are sufficiently severe, frequent, and humiliating to survive a motion to dismiss.Read the full opinion on CourtListener →
Section 2000e-2(a) covers sex-based harassment that creates a hostile work environment when it is severe or pervasive enough to alter working conditions.
Johnson v. Shinseki · filed 2011-09-19(a)
Johnson, however, has pointed to specific evidence from depositions, declarations, medical records, and other testimony in the record before this Court that raise a genuine factual dispute as to whether she experienced a hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits a discriminatory hostile work environment, but occasional remarks spread over many years do not meet its severe or pervasive standard.
Martinez v. CONNECTICUT, STATE LIBRARY · filed 2011-09-21(a)(1)
Here, nine specific comments, and potentially four personally upsetting events, occurring over a twenty-year period are not extensive or continuous enough to establish a claim of hostile work environment under Title VII.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a hostile work environment claim when sufficiently severe or pervasive sex-based harassment can be attributed to the employer.
Atkinson v. New York State Olympic Regional Development Authority · filed 2011-09-30(a)(1)
Because Atkinson has met the minimum requirements of showing objective and subjective hostility and sufficient grounds upon which to impute to ORDA Bulmer’s conduct, ORDA’s motion to dismiss is denied as to Atkinson’s Title VII hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits sex-based workplace harassment when it is severe or pervasive enough to create a hostile work environment.
Overly v. Keybank National Ass'n · filed 2011-11-10(a)(1)
While both inappropriate and condescending, Bielecki referring to Overly as “cutie” 5 to 10 times over the course of two months is not sufficiently severe or pervasive to create a hostile work environment by itself, especially since it is undisputed that Bielecki stopped when asked.Read the full opinion on CourtListener →
Section 2000e-2 requires sexual harassment to be sufficiently severe or pervasive to alter employment conditions and create a discriminatorily abusive work environment for a hostile work environment claim.
Leeth v. Tyson Foods, Inc. · filed 2011-12-20
We agree with the district court that Leeth failed to present evidence sufficient to establish that the alleged harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment.Read the full opinion on CourtListener →
A hostile work environment claim under Section 2000e-2(a)(1) requires proof that the harassment was based on sex.
García v. Sprint PCS Caribe · filed 2012-01-05(a)(1)
Here, a reasonable jury could conclude that Rodríguez’s harassment was based upon sex, as his comments were overtly sexual and lascivious in nature, referencing both Rivera and Rodríguez’s respective sex lives.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers sex-based hostile work environment claims when harassment is severe or pervasive enough to create an abusive working environment.
Slater v. Susquehanna County · filed 2012-01-09(a)(1)
Hostile work environment claims based on allegations of sexual harassment fall within the ambit of Title VII’s proscriptions on workplace discrimination. ... There is insufficient evidence of gender- or age-based harassment severe or pervasive enough to create an abusive working environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires evidence that alleged workplace harassment was based on race to sustain a race-based hostile work environment claim.
Loving v. Geithner · filed 2012-01-31(a)(1)
Simply put, Loving has offered no evidence to permit a reasonable jury to find that Loving was harassed based on her race.Read the full opinion on CourtListener →
Section 2000e-2(a) allows discrete employment actions, including a denied promotion, to support a race-based hostile-work-environment claim when the acts collectively meet the hostile-work-environment standard.
Wise v. Ferriero · filed 2012-02-03(a)
Incidents like the agency’s failure to promote Wise, therefore, cannot be excluded from his hostile-work-environment claim simply because they may well have formed the basis of distinct Title VII claims.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires racial or sexual harassment to be sufficiently severe or pervasive to alter the conditions of employment before it constitutes a hostile work environment.
Guthrie v. Waffle, House, Inc., Terence Lawery · filed 2012-02-03(a)(1)
Under the four Mendoza factors for testing whether harassment is sufficiently severe and pervasive enough to create a hostile work environment, the conduct alleged by Guthrie falls short as a matter of law.Read the full opinion on CourtListener →
Two isolated uses of a racial slur were insufficient to establish a racially hostile work environment under Title VII.
Roberts v. Fairfax County Public Schools · filed 2012-02-06(a)(1)
In contrast to the pervasive comments in Spriggs or White, Roberts alleges only two instances of Schwartz using a racial epithet. Though both comments were deplorable, their isolation is uncontroverted. Such limited use of a racial slur is insufficient to permeate Roberts’ work environment “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.”Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers a sex-based hostile work environment when harassment is sufficiently severe or pervasive to create abusive working conditions.
City of Belzoni v. Johnson · filed 2012-02-16(a)(1)
The phrase “terms, conditions or privileges of employment” has been interpreted to provide a cause of action to a person who works in a discriminatorily hostile environment. ... Under the principles announced in Hams, there was sufficient evidence to indicate a hostile working environment caused by James’s behavior, as well as the corresponding failure of Foxworth and the City of Belzoni to rectify the situation.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits a hostile work environment when sex-based harassment is sufficiently severe or pervasive to alter the conditions of employment.
Ramirez v. Miami-Dade County · filed 2012-02-17(a)(1)
None of the incidents involved physical contact, threats, or vulgar remarks, and it was not until Ramirez found out from her supervisors that Rubin had complained of her workplace attitude did Ramirez claim that Rubin’s behavior affected her work environment. While some of Rubin’s comments contained demeaning overtones, in light of Mitchell, Gupta, and other cases, see supra, no reasonable person could view Rubin’s behavior as objectively severe or pervasive. Consequently, summary judgment is awarded in favor of Defendant as to Count III of Ramirez’s Complaint.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers sexual harassment that is severe or pervasive enough to alter employment conditions and create an abusive work environment.
Hoskins v. Howard University · filed 2012-03-20(a)(1)
Assuming the truth of the plaintiff’s allegations and viewing them in the light most favorable to her, the Court finds that Webb’s alleged acts were “sufficiently severe or pervasive to alter the conditions of the [plaintiff’s] employment and create an abusive working environment.” Harris, 510 U.S. at 21 (internal quotation marks and citation omitted).Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits sex-based harassment that is severe or pervasive enough to alter employment conditions and create an abusive work environment.
Peeples v. Crst Van Expedited, Inc. · filed 2012-02-22(a)(1)
Thus, "[w]hen 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, Title VII is violated." Id. (internal citations and quotations omitted).Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers racial harassment sufficiently severe or pervasive to alter the conditions of employment.
Nichols v. Volunteers of America, North Alabama, Inc. · filed 2012-04-18(a)(1)
Nichols presented sufficient evidence to create a genuine issue of material fact about whether the harassment she allegedly suffered at Volunteers was severe or pervasive.Read the full opinion on CourtListener →
A single, extremely serious incident of sexual harassment may create a hostile work environment under Title VII.
Acevedo-Torres v. Municipality of Arecibo · filed 2012-04-25(a)(1)
The court disagrees and notes the alleged harassment must be “severe or pervasive,” not both. An isolated event may create a hostile work environment if it “extremely serious.”Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers both discrete discrimination and harassment that creates a hostile work environment.
Jajeh v. County of Cook · filed 2012-05-02(a)(1)
This statutory language covers both discrete acts of discrimination (such as termination) and acts that create a hostile workplace.Read the full opinion on CourtListener →
Section 2000e-2 permits a national origin hostile work environment claim when harassment is severe or pervasive enough to alter employment conditions and the employer is responsible for the environment.
Lales v. Wholesale Motors Company · filed 2012-05-09(a)(1)
Similar standards apply to hostile work environment harassment based on national origin under Title VII, which requires a plaintiff to prove: (1) that he [or she] belongs to a protected group, (2) that he [or she] has been subject to unwelcome harassment, (3) that the harassment was based on a protected characteristic of the employee, such as . . . national origin, (4) that the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment, and (5) that the employer is responsible for such environment under either a theory of vicarious or direct liability.Read the full opinion on CourtListener →
Law changed since Muldrow v. City of St. Louis (2024) held that a discriminatory transfer need cause some harm to an employment term or condition, without requiring a material or significant effect.
Section 2000e-2(a) covers hostile work environments without a tangible adverse action when the employer’s conduct materially affects a term, condition, or privilege of employment.
Equal Employment Opportunity Commission v. RJB Properties, Inc. · filed 2012-04-23(a)
Claims pursuant to this section of the statute may arise out of a tangible, adverse employment action such as a termination, a demotion, or a failure to promote- — this is the type of claim most often referred to as “discrimination” — or out of the existence of a hostile or abusive working environment — this is frequently called a “harassment” or a “hostile environment” claim — which need not allege a tangible adverse action. Regardless of how the claim is labeled, however, the ultimate question is whether the employer’s conduct materially affected a “term, condition, or privilege” of employment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires religious harassment to be sufficiently severe or pervasive to alter the terms and conditions of employment for a hostile work environment claim.
Alhallaq v. Radha Soami Trading, LLC · filed 2012-06-05(a)(1)
Second, Alhallaq has not established the harassment was sufficiently severe or pervasive to alter the terms and conditions of her employment. The offensive conduct, albeit rude and insensitive, is not actionable under Title VII, as it amounted to mere offensive utterances or general vulgarity that Title VII does not regulate.Read the full opinion on CourtListener →
Section 2000e-2 permits a racial hostile work environment claim when the alleged harassment could be found objectively severe or pervasive enough to alter working conditions.
Jones v. UPS Group Freight · filed 2012-06-11
We conclude that, on the summary judgment record before us, a reasonable trier of fact could conclude that the events alleged by Mr. Jones created an objectively hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits race discrimination in employment terms and conditions, including discrimination that is not economic or tangible.
Campbell v. Norfolk Southern Corp. · filed 2012-06-22(a)(1)
Title VII of the Civil Rights Act of 1964 prohibits an employer from “discriminating] against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race [or] religion.” 42 U.S.C. § 2000e-2(a)(l). The scope of prohibition is not limited to economic or tangible discrimination.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires harassment to be severe or pervasive enough to alter the conditions of employment for a hostile work environment claim.
Rucker v. Architect of the Capitol · filed 2012-06-25(a)(1)
Based on these two incidents alone, Beverley’s conduct, while reprehensible, does not rise to the level of severity or pervasiveness required to hold an employer liable for permitting a hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers a race or national origin hostile work environment when discriminatory harassment is sufficiently severe or pervasive to alter employment conditions.
Hernandez v. Valley View Hospital Ass'n · filed 2012-06-26(a)(1)
Viewing the record as a whole and in the light most favorable to Ms. Hernandez, we conclude that a rational jury could find that her workplace was permeated with discriminatory intimidation, ridicule, and insult that was sufficiently severe or pervasive to alter her conditions of employment.Read the full opinion on CourtListener →
Section 2000e-2 does not make brief, infrequent, nonthreatening comments about an employee’s religious clothing a hostile work environment.
Neal v. Genesis Properties of Delaware, Ltd. Partnership · filed 2012-06-27(a)(1)
Plaintiff may have been frustrated, angered, or embarrassed by Scheib’s comments, but these comments were too infrequent, short-lived, and nonthreatening to rise to the level of a Title VII violation.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires hostile work environment harassment to be severe or pervasive enough to alter employment conditions and create a discriminatorily abusive environment.
Whitby v. Secretary for the Department of Homeland Security · filed 2012-06-28(a)(1)
At a minimum, Whitby has failed to establish the fourth element, that the harassment was severe or pervasive enough to alter the terms and conditions of his employment and create a discriminatorily abusive work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits sex-based workplace harassment when it is sufficiently severe or pervasive to alter employment conditions and creates an objectively abusive environment.
Perez v. Developers Diversified Realty Corp. · filed 2012-09-04(a)(1)
Based on the totality of the circumstances the court concludes that Plaintiff has failed to establish that the alleged harassment was sufficiently severe or pervasive that it altered the conditions of his employment nor that the harassment was objectively abusive. Plaintiff did not establish the elements of a prima facie case of hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a) allows a hostile work environment claim based on race or national origin, and intentional discrimination is a required element.
Syed v. YWCA · filed 2012-09-11(a)
Under Title VII, 42 U.S.C. § 2000e-2(a), the cognizability of a discrimination claim founded upon a hostile work environment is well-established. ... Accordingly, Syed has pointed to sufficient record evidence to demonstrate that genuine disputes of material fact exist as to whether she suffered intentional discrimination from YWCA employees.Read the full opinion on CourtListener →
Section 2000e-2 requires harassment to be based on race to support a racial hostile work environment claim.
Brown v. Shinseki · filed 2012-09-24(a)(1)
Absent evidence of actionable harassment by either his supervisor or his co-workers based on his race, Brown cannot establish a hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers sexual harassment that is severe or pervasive enough to alter employment conditions, considering the length of the employee’s employment.
Equal Employment Opportunity Commission v. IPS Industries, Inc. · filed 2012-09-26(a)(1)
Given Henderson’s short employment as well as her observation that Calhoun would either terminate or change women’s assignments for turning down his frequent invitations, the court determines that a reasonable trier of fact could conclude that these circumstances constitute pervasive, if not also severe, conduct that altered the conditions of her employment and created an abusive working environment.Read the full opinion on CourtListener →
Section 2000e-2(a) permits a hostile work environment claim based on sufficiently alleged race or national origin discrimination.
U.S. Equal Employment Opportunity Commission v. Global Horizons, Inc. · filed 2012-11-08(a)
The Court concludes that the EEOC has alleged sufficient facts to state a claim based on hostile work environment against Defendant Global.Read the full opinion on CourtListener →
Section 2000e-2(a) requires a same-sex hostile work environment claimant to show that the harassment occurred because of the claimant’s sex.
Equal Employment Opportunity Commission v. McPherson Companies, Inc. · filed 2012-11-14(a)
Just as in cases of opposite-gender sexual harassment, the plaintiff in a same-sex harassment case must prove not only that there was harassment but that it was, in fact, occasioned by the plaintiffs sex.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) does not allow a sex-based hostile work environment claim to rest on graffiti unrelated to sex.
Tressler v. National Passenger Railroad Corp. · filed 2012-11-30(a)(1)
However, as Amtrak correctly notes, much of the graffiti Tressler observed was not related to her or directed at her whatsoever, nor was it sexual in nature—she also saw graffiti consisting of “Turkle is number one,” “I love Tom Mazeika,” “stuff about the Poconos,” and pictures of fish. (Id. at 243-245). To be sure, this type of graffiti cannot be used to support a claim of hostile work environment based on sex.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers sex discrimination in employment conditions even when the harm is neither economic nor tangible.
Foster v. University of Maryland Eastern Shore · filed 2012-12-04(a)(1)
To be actionable under 42 U.S.C. § 2000e-2(a)(l), discrimination need not be “economic” or “tangible.”Read the full opinion on CourtListener →
Section 2000e-2 covers sex-based harassment severe or pervasive enough to create a hostile work environment.
Reynoso v. All Foods, Inc. · filed 2012-12-07(a)(1)
Therefore, at this stage of the litigation, drawing all reasonable inferences in Reynoso’s favor, the Court finds that a reasonable person could find, as Reynoso did, that Salguero’s conduct was so severe and pervasive that it created a hostile work environment. Accordingly, the Defendant’s motion to dismiss this cause of action based on a hostile work environment is denied.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires sexual harassment to be severe or pervasive to support a hostile work environment claim.
Gaff v. St. Mary's Regional Medical Center · filed 2012-12-19(a)(1)
Title VII’s hostile-work-environment doctrine protects against severe or pervasive sexual harassment. ... Given these circumstances, the district court correctly held that, under the precedents of both the Supreme Court and this court, a hostile work environment claim will not lie.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) treats pervasive racial hostility in the workplace as employment discrimination.
Equal Employment Opportunity Commission v. Swissport Fueling, Inc. · filed 2013-01-07(a)(1)
Thus, “a workplace in which racial hostility is pervasive constitutes a form of discrimination.”Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers sexual harassment that is sufficiently severe or pervasive to alter the conditions of employment and create an abusive work environment.
Equal Employment Opportunity Commission v. Finish Line, Inc. · filed 2013-01-10(a)(1)
Thus, the Court concludes the discriminatory intimidation Roberts felt was sufficiently severe or pervasive enough to alter the conditions of her employment, and subsequently created an abusive working environment. As such, there is sufficient evidence to raise a genuine issue of material fact as to whether the harassment created an unlawfully hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires courts to consider alleged harassment as a whole when deciding whether a hostile work environment is severe or pervasive.
Mandel v. M & Q Packaging Corp. · filed 2013-01-14(a)(1)
On remand, the District Court must consider the totality of the circumstances, rather than parse out the individual incidents, to determine whether the acts that collectively form the continuing violation are severe or pervasive.Read the full opinion on CourtListener →
Section 2000e-2 covers gender-based harassment that creates a hostile or abusive working environment.
Claiborne v. HUB Enterprises, Inc. · filed 2013-01-23
Plaintiff can establish unlawful discrimination in violation of Title VII by proving she was subjected to gender-based harassment, which created a hostile or abusive working environment.Read the full opinion on CourtListener →
Sexual propositioning and uninvited touching can be severe enough to support a hostile work environment claim under § 2000e-2(a)(1).
Gerald v. University of Puerto Rico · filed 2013-01-28(a)(1)
These offensive incidents, which involved sexual propositioning and uninvited touching, can reasonably be viewed as severe; and, in the case of the breast grabbing incident, physically threatening (not to mention criminal).Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a hostile work environment claim based on severe or pervasive religious or national-origin harassment even when the employee’s job performance does not suffer.
Alzuraqi v. Group 1 Automotive, Inc. · filed 2013-02-01(a)(1)
Here, even absent evidence that the harassment affected Alzuraqi’s performance, the evidence shows that the combined, frequent and continuous derogatory remarks by Turner and Moore created a work environment that was abusive to Alzuraqi because of his age, religion, and national origin. The court therefore concludes that Alzuraqi has come forward with sufficient evidence to raise a genuine dispute of material fact as to his hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-2(a) requires proof of intentional sex discrimination for a hostile-work-environment claim.
White v. Cleary · filed 2013-02-06(a)
White claims that the defendants created a hostile work environment in violation of 42 U.S.C. § 2000e–2(a). ... The District Court concluded that White could not show intentional discrimination. We agree. ... We conclude that White’s hostile-work-environment claim fails.Read the full opinion on CourtListener →
A Title VII harassment claim must plausibly allege unlawful harassment; the allegations in this complaint did not do so.
Yang v. Lakewood Management L.L.C. · filed 2013-01-17(a)(1)
Nevertheless, the court finds that this holding supports a conclusion that plaintiff has not alleged plausible grounds for a Title VII claim of harassment or hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires race-based harassment to be sufficiently severe or pervasive to alter employment conditions for a hostile work environment claim.
Fullen v. City of Columbus · filed 2013-02-12(a)(1)
No reasonable jury could conclude that Fullen experienced harassment that was “sufficiently severe or pervasive to alter the conditions of [his] employment and create an abusive working environment.”Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires evidence that workplace conduct was motivated by race to support a racially hostile work environment claim.
Loving v. Lew · filed 2013-03-18(a)(1)
But although a defendant’s conduct need not be explicitly racial to support a hostile work environment claim, to survive summary judgment a plaintiff must produce evidence that the conduct was at least motivated by race.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits sex-based harassment when it is severe or pervasive enough to create an objectively hostile work environment.
Larry v. Bagcraft Papercon I, LLC · filed 2013-03-20(a)(1)
Although Carreon’s hanging out around her machine might have made Larry subjectively uncomfortable, it cannot objectively be found to have created a hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires a hostile work environment claim to link the alleged harassment to the employee’s protected status.
Goode v. Billington · filed 2013-03-25(a)(1)
The Plaintiff fails to provide any evidence to suggest his supervisors knew he was Jewish before the conduct at issue, much less any evidence that their actions were based on his religion. Therefore, the Defendant is entitled to summary judgment to the extent the Plaintiff claims his supervisors’ conduct created a hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits harassment based on a protected class when it expressly or constructively alters the terms, conditions, or privileges of employment.
Banks v. Vilsack · filed 2013-03-26(a)(1)
Under Title VII, harassing an employee on the basis of her membership in a protected class is unlawful when it amounts to discrimination that expressly or constructively alters the employee’s “terms, conditions, or privileges of employment[.]” 42 U.S.C. § 2000e-2(a)(1); see also Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 (1993); Curry v. District of Columbia, 195 F.3d 654, 659 (D.C. Cir. 1999).Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers a hostile work environment when pervasive mistreatment alters working conditions and evidence permits a jury to find that sex motivated it.
Hall v. City of Chicago · filed 2013-03-29(a)(1)
But, as explained above, we conclude that the isolation and occasional outbursts did satisfy that requirement. We view the comments, unlike the district court, in analyzing the second requirement of a hostile work environment claim—whether the alleged hostility was “because of sex”—and we conclude that they arguably connect Hall’s gender to Johnson’s conduct.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits sex-based harassment that is sufficiently severe or pervasive to create a hostile work environment.
Dunlap v. Spec Pro, Inc. · filed 2013-04-05(a)(1)
Accordingly, the Court. finds that Ms. Dunlap has provided enough evidence to raise a triable issue of fact as to whether the behavior of her co-workers created a sexually hostile work environment that interfered with her work performance.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) covers sex-based harassment that is sufficiently severe or pervasive to create a hostile work environment.
Rios v. Municipality of Guaynabo · filed 2013-04-12(a)(1)
In this case, Montalvo shoulders her burden of creating an issue of material fact regarding the severity or pervasiveness of the harassment. A jury could easily decide that the alleged instances of sexual harassment (e.g., Correa’s sexual innuendos, invitations, sexual gestures, staring at Montalvo’s breasts and unwanted contact, among other serious occurrences) occurred on a frequent and intensive basis as to configure a hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires a sex-based hostile work environment claimant to show severe or pervasive harassment and employer responsibility for it.
Colston v. Cleveland Public Library · filed 2013-04-15(a)(1)
To prevail on a hostile work environment claim based on gender, Colston must establish that she was subjected to harassing conduct that was: (1) unwelcome; (2) based on sex; (3) sufficiently severe or pervasive to affect the terms, conditions, or privileges of her employment; and (4) either (a) committed by a supervisor, or (b) conduct the employer knew or should have known about and failed to take immediate and appropriate corrective action. ... Colston has not offered any evidence or arguments that the Library did not take immediate and appropriate corrective action, and therefore, her hostile work environment claim fails as a matter of law.Read the full opinion on CourtListener →
Section 2000e-2(a) requires evidence that alleged harassment was based on a protected characteristic to establish a hostile work environment claim.
Choulagh v. Eric Holder, Jr. · filed 2013-05-22(a)
Choulagh cannot make out a prima facie case of a hostile work environment without even a reference to his national origin.Read the full opinion on CourtListener →
Sexual harassment under § 2000e-2(a) must be sufficiently severe or pervasive to alter employment conditions and create an abusive work environment.
Espinosa v. Burger king Corporation · filed 2013-05-28(a)
As to Ms. Espinosa’s sexual harassment claim, Ms. Espinosa has not shown that the dinner conversation and the brief incident in her hotel room with her drunken colleagues was “sufficiently severe or pervasive to alter the conditions of ... the victim's employment and create an abusive working environment. ” Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 67 (1986) (quotation marks omitted).Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires harassment based on national origin to be sufficiently severe or pervasive to create an abusive work environment.
Dominguez v. Lake Como Club · filed 2013-06-05(a)(1)
With regard to his hostile work environment claim, any perceived harassment Dominguez experienced as a result of these comments was not sufficiently severe or pervasive to create an abusive work environment, and was, at most, merely offensive.Read the full opinion on CourtListener →
A hostile work environment claim under § 2000e-2(a)(1) requires facts alleging harassment tied to a protected trait.
Hunt v. Central Consolidated School District · filed 2013-06-12(a)(1)
Because the Complaint’s factual allegations relating to the Plaintiffs lack facts about any such comments or incidents, the Court will dismiss the hostile work environment basis for the Title VII claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) allows a sexual harassment claim when the alleged conduct plausibly created a hostile work environment and there is a basis for employer liability.
Polo-Echevarria v. Centro Medico del Turabo, Inc. · filed 2013-06-13(a)(1)
Crediting the factual allegations contained in the amended complaint, Jonathan has plausibly alleged a hostile work environment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) permits a jury to find race-based harassment when coworkers’ statements support an inference of racial animus.
Rosane v. Shannon County School District 65-1 · filed 2013-06-14(a)(1)
The statements allegedly made by Mr. Plenty Wounds and Ms. Conroy do give rise to an inference of racial animus. A reasonable jury could therefore conclude that Ms. Rosane was subject to unwelcome harassment on the basis of her race.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits sex discrimination that creates a hostile or abusive work environment.
Wright v. Autozone Stores, Inc. · filed 2013-06-17(a)(1)
A plaintiff may establish a violation of Title VII by proving that discrimination based on sex created a hostile or abusive work environment.Read the full opinion on CourtListener →
Known harassment of coworkers counts toward whether a hostile work environment was sufficiently severe or pervasive.
Equal Employment Opportunity Commission v. Fred Meyer Stores, Inc. · filed 2013-06-17(a)(1)
The totality of the circumstances must include hostility not directly targeted at the plaintiff, if the plaintiff had knowledge of the prior misconduct.Read the full opinion on CourtListener →
Section 2000e-2(a) permits a racially hostile work environment claim when evidence of race-based harassment and the employer’s response would allow a reasonable jury to find the employer liable.
Paasewe v. Action Group, Inc. · filed 2013-07-17(a)
We therefore reject Action Group’s contention that summary judgment is proper on the basis that it cannot be liable for the alleged racially hostile conduct against Paasewe.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires a sex-based hostile work environment to be sufficiently severe or pervasive to alter the conditions of employment.
Harrison v. Office of the Architect of the Capitol · filed 2013-09-01(a)(1)
Though the Plaintiff evidently viewed her environment as hostile, objectively the events at issue, viewed together, were not so “severe” or “pervasive” to have changed the conditions of the Plaintiff’s employment.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits discriminatory harassment sufficiently severe and pervasive to create a hostile work environment.
Joseph v. HDMJ Restaurant, Inc. · filed 2013-09-09(a)(1)
Gus, Peter, and George’s conduct was sufficiently severe and pervasive individually and collectively to create a hostile work environment. ... Based on each of the foregoing factors, Plaintiff has sufficiently stated the elements of a valid claim for hostile work environment under Title VII.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) prohibits hostile work environment harassment based on a protected class when it is sufficiently severe or pervasive to alter the conditions of employment.
Griffin v. Holder · filed 2013-09-13(a)(1)
Title VII and the Rehabilitation Act prohibit an employer from subjecting an employee to a hostile work environment because of the employee’s protected class. 42 U.S.C. § 2000e-2(a)(l); Pueschel v. Peters, 577 F.3d 558, 564-65 (4th Cir.2009). ... For these reasons, Plaintiff fails to show that her work environment was so permeated with discriminatory intimidation, ridicule, and insult that was sufficiently severe or pervasive as to alter the conditions of her employment and create an abusive working environment. As such, summary judgment is appropriate on Plaintiffs hostile work environment claim.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires unwelcome conduct to be sufficiently severe or pervasive to establish a hostile work environment claim.
Taylor v. Republic Services Inc. · filed 2013-09-16(a)(1)
As to those incidents that the Court finds did occur, the Court finds, considering the evidence as a whole, that the alleged unwelcome conduct is not sufficiently severe or pervasive as to result in a hostile work environment in violation of Title VII of the Civil Rights Act of 1964.Read the full opinion on CourtListener →
Section 2000e-2(a)(1) requires evidence that alleged hostile workplace conduct was based on the employee’s sex or race.
Cepada v. Board of Education · filed 2013-09-23(a)(1)
He has offered no evidence that any employee of the Board discriminated against him because he is male. In the absence of such evidence, the Court will grant the Board summary judgment on Cepada’s hostile work environment claim on the basis of sex.Read the full opinion on CourtListener →
Notes 6451–6600 of 12,593, oldest cases first.
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