42 U.S.C. § 2000e-2

An employer can defeat a supervisor hostile work environment claim by showing that it took reasonable care to prevent and correct harassment and that the employee unreasonably failed to use available remedies.

Giddens v. Commty Education Centers, Inc. · filed 2013-09-27(a)(1)

Even assuming that Giddens has established a prima facie case for her hostile environment claim, her appeal fails because CEC has proven that it is entitled to the Ellerth/Faragher defense as a matter of law.

Section 2000e-2(a)(1) covers race-based workplace harassment that is sufficiently severe or pervasive to alter an employee’s conditions of employment.

Brazzle v. Washington City · filed 2013-09-30(a)(1)

Viewing all evidence in the light most favorable to Mr. Brazzle as the non-moving party, the Court concludes that a rational jury could find that discrimination, ridicule, and insult permeated Mr. Brazzle’s workplace in a sufficiently severe or pervasive manner such that it altered his conditions of employment.

Section 2000e-2(a)(1) permits a hostile work environment claim based on unwelcome supervisor harassment that affects a term, condition, or privilege of employment.

EEOC v. Boh Brothers Const Co., L.L.C. · filed 2013-10-01(a)(1)

Where a harassment claim arises out of a supervisor’s conduct, “there are four elements of a hostile working environment claim: (1) that the employee belongs to a protected class; (2) that the employee was subject to unwelcome sexual harassment; (3) that the harassment was based on [a protected characteristic]; and (4) that the harassment affected a ‘term, condition, or privilege’ of employment.”

Section 2000e-2(a)(1) permits a hostile work environment claim when the alleged harassment plausibly occurred because of the employee’s sex.

Ríos DaSilva v. One, Inc. · filed 2013-10-07(a)(1)

In the instant case, Plaintiff Rios must allege sufficient facts that if taken as true, would demonstrate that she was discriminated against because of her sex. ... Taking the above-pled facts as true, it is plausible to infer from Rios’ allegations that Rodriguez’ actions and behavior were triggered by Gabriela Rios gender and her age.

Section 2000e-2(a) requires a hostile work environment to be severe or pervasive enough to alter the conditions of employment; vague testimony identifying only two incidents of verbal abuse does not establish such a claim.

Reynolds v. Federal Express Corporation · filed 2013-10-08(a)

A worker does not establish a hostile-work-environment claim by testifying that “there were times” he faced verbal abuse but specifically identifying only two occasions.

A hostile work environment claim can survive summary judgment when the record presents a factual dispute about supervisor harassment.

Langley v. Dolgencorp, LLC · filed 2013-09-13(a)(1)

While inappropriate physical touching is certainly a strong indicator of a hostile work environment, the Court finds that, for the reasons stated herein and by the magistrate, the record in this case presents a dispute of fact precluding summary judgment on Plaintiff's hostile work environment claim under Title VII.

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

VanHorn v. Hana Group, Inc. · filed 2013-10-18(a)

Even if the court were to assume that references to Plaintiff being from the mainland are racial in nature (which is an untenable stretch), these allegations are neither severe nor pervasive enough to alter the conditions of Plaintiffs employment.

Section 2000e-2(a) prohibits pregnancy-based harassment when it is severe or pervasive enough to create a hostile work environment; two isolated comments that did not affect working conditions were insufficient.

Peart v. Latham and Watkins LLP · filed 2013-10-23(a)

Presuming these allegations to be true, as the Court must at this stage in the proceedings, they are insufficiently pervasive or severe to constitute a hostile work environment, as pled in the Amended Complaint. They were isolated, occurring only twice. Moreover, they were not sufficiently extreme so as to support a finding that the comments would have interfered with Ms. Peart’s ability to return to work or unreasonably affected her work performance once she returned. Accordingly, the Court will dismiss without prejudice Ms. Peart’s hostile work environment claim under Title VII.

Section 2000e-2 requires a race-based hostile work environment claim to rest on conduct with a racial character or purpose; workplace hostility alone is insufficient.

Lockhart v. St. Bernard Hospital · filed 2013-11-04

But as the district court properly explained, a claim of a hostile work environment required Lockhart to show more than that her workplace was contentious and inhospitable; she also had to show that the conduct of the nurses and the supervisors had “a racial character or purpose.”

Section 2000e-2(a) requires a hostile work environment plaintiff to show that harassment altered the conditions of employment.

Miranda v. Deloitte LLP · filed 2013-11-05(a)

Plaintiff has failed to put forth sufficient evidence from which a reasonable jury could find that Castillo’s harassment altered the conditions of plaintiffs employment.

Sexual harassment over a two-month period can be severe or pervasive enough to create a hostile work environment.

Stoner v. Arkansas Department of Correction · filed 2013-11-18(a)(1)

The Court determines a reasonable juror could find that the frequency and severity of Mr. Wellman’s conduct over a two-month period directed toward Ms. Stoner creates a hostile work environment.

Section 2000e-2(a) permits a hostile work environment claim to proceed when a reasonable jury could find that severe or pervasive harassment altered the employee’s working conditions.

Ashraf-Hassan v. Embassy of France in United States · filed 2013-11-19(a)

Looking at the totality of the circumstances – and crediting Ashraf-Hassan’s account of the relevant events, as the Court must on summary judgment – a reasonable jury could find that the harassment here was “sufficiently severe or pervasive to alter the conditions of” her employment.

Section 2000e-2(a)(1) permits a sex-based hostile work environment claim when harassment is severe or pervasive enough to alter employment conditions.

Meadors v. Ulster County · filed 2013-11-21(a)(1)

Viewing this evidence in the light most favorable to Plaintiffs, the Court finds that they have produced, albeit barely, sufficient facts to withstand summary judgment on the issue of whether their work environment was abusive.

Section 2000e-2(a)(1) permits direct employer liability for a hostile work environment when the employer knew or should have known about the harassment and failed to stop it.

Debord v. Mercy Health System of Kansas, Inc. · filed 2013-11-26(a)(1)

To show direct employer liability, an employee must present enough evidence for a reasonable jury to find that the employer knew or should have known about the harassment but failed to stop it.

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

Hubbard v. Tyco Integrated Cable Sys. · filed 2013-12-03(a)(1)

Because Hubbard has produced sufficient evidence to create trialworthy issues of fact concerning the cause for his harassment and its severity or pervasiveness, Tyco is not entitled to judgment as a matter of law on Counts II and III.

Section 2000e-2(a) covers a race-based hostile work environment when discriminatory intimidation, ridicule, and insult are severe or pervasive enough to alter employment conditions.

Wise v. Ferriero · filed 2013-12-11(a)

To prevail on a hostile-work-environment claim under either a discrimination or a retaliation theory, “a plaintiff must show that his employer subjected him to ‘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.’” Baloch v. Kempthorne, 550 F.3d 1191, 1201 (D.C. Cir. 2008) (quoting Harris, 510 U.S. at 12).

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

Walker v. Mod-U-Kraf Homes, LLC · filed 2013-12-19(a)(1)

After careful review, the court concludes that Walker’s evidence of misconduct by Mullins and Young is insufficient, as a matter of law, to meet the high bar required to survive summary judgment on a hostile work environment claim.

Section 2000e-2(a)(1) prohibits sex-based harassment that is severe or pervasive enough to create a hostile or abusive work environment.

Levine-Diaz v. Humana Health Care · filed 2014-01-02(a)(1)

A Title VII hostile work environment claim exists where a “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.’ ”

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

Polo-Calderon v. Corporacion Puertorriqueña de Salud · filed 2014-01-13(a)

Because plaintiffs offer enough evidence on this element, therefore, their sexual harassment hostile work environment claim pursuant to Title VII withstands summary judgment.

Section 2000e-2 permits a federal harassment claim against an employer to proceed when summary judgment is unwarranted.

Lales v. Wholesale Motors Company. · filed 2014-02-13(a)(1)

He subsequently filed an amended complaint, asserting six causes of action (COA) against Defendants: ... (5) “discriminatory acts” in violation of section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2 (COA 5 or federal harassment claim); ... However, summary judgment in favor of JN on COAs 1, 2, 4, 5, and 6, was inappropriate.

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

Ferro v. Rhode Island Department of Transportation ex rel. Lewis · filed 2014-02-19(a)(1)

The Court need not dwell on either of these issues, however, because it is clear that Ferro was not subject to severe or pervasive harassment, and thus his claim fails.

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

Lyles v. District of Columbia Government · filed 2014-02-20(a)(1)

Examining these allegations as a whole shows that there is a genuine dispute of material fact as to whether Mr. Miller’s conduct was severe or pervasive so as to constitute a hostile work environment; therefore, the question is more appropriately reserved for the jury.

Section 2000e-2(a)(1) prohibits sex discrimination in employment conditions, including a hostile work environment.

Penn v. Citizens Telecom Services Co. · filed 2014-02-26(a)(1)

Title VII make makes it unlawful for an employer “to discriminate 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)(1). “Since an employee’s work environment is a term or condition of employment, Title VII creates a hostile working environment cause of action.”

Section 2000e-2(a)(1) permits employer liability for a sexually hostile work environment created by a supervisor.

Robinson v. Ergo Solutions, LLC · filed 2014-03-04(a)(1)

But because Robinson has alleged that she submitted to repeated, unwanted sexual advances, by her direct supervisor, who is also an owner and officer of Ergo, out of a fear that she would lose her job if she refused, Ergo is vicariously liable for Henderson's actions.

Section 2000e-2 allows a sex-based hostile work environment claim when the totality of the circumstances provides sufficient evidence of harassment.

Minevich v. Spectrum Health-Meier Heart Center · filed 2014-03-06(a)(1)

Overall, the facts in this case, taken in the light most favorable to Minevich, establish a genuine issue of material fact as to whether a hostile environment existed at Spectrum. While each incident viewed in isolation may not have been enough, the totality of the circumstances here provide sufficient proof of a hostile work environment.

Section 2000e-2(a)(1) requires a hostile work environment plaintiff to show unwelcome conduct based on race or gender that is severe or pervasive enough to alter employment conditions and create an abusive workplace.

Higdon v. Mabus · filed 2014-03-11(a)(1)

A prima facie case for a hostile work environment under Title VII requires a plaintiff to show (1) she was subjected to verbal or physical conduct because of her race or gender; (2) the conduct was unwelcome; and (3) the conduct “was sufficiently severe or pervasive to alter the conditions of [her] employment and create an abusive work environment.”

Section 2000e-2 permits a racially hostile work environment claim without requiring the employee to plead that the employer responded unreasonably to harassment; reasonable care is an affirmative defense.

Asebedo v. Kansas State University · filed 2014-03-17

The district court granted judgment to KSU because Mr. Asebedo did not plead sufficient facts to show that KSU did not respond reasonably to his internal complaints. But Mr. Asebedo was not required to plead such facts, because they arise in the context of an employer’s affirmative defense, and a plaintiff is not required to anticipate or plead against an affirmative defense.

Section 2000e-2(a) covers race or national-origin harassment that is unwelcome, objectively and subjectively offensive, and severe or pervasive enough to alter employment conditions.

United States Equal Employment Opportunity Commission v. Global Horizons, Inc. · filed 2014-03-19(a)

Applying this analysis in the instant case, the EEOC must establish that: the Claimants were subjected to verbal or physical harassment that was based on their race or national origin; the harassment was objectively and subjectively offensive; the harassment was unwelcome; and the harassment was sufficiently severe or pervasive to alter the conditions of the Claimants’ employment.

Section 2000e-2(a) does not cover abusive or hostile working conditions unrelated to discrimination.

Howard v. Inland SBA Management Corp. · filed 2014-03-26(a)

Title VII prohibits employment discrimination based on an individual’s race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2(a). Plaintiffs claims concerning abusive or hostile working conditions generally, if unrelated to claims of discrimination, are not actionable under Title VII.

Section 2000e-2(a)(1) permits a sex-based hostile work environment claim when the alleged conduct, considered together, is plausibly severe or pervasive.

Lehman v. Bergmann Associates, Inc. · filed 2014-03-31(a)(1)

Lehman’s hostile-work-environment claim also survives the motion to dismiss.

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

Lewis v. City of Norwalk · filed 2014-04-14(a)(1)

The District Court considered the “totality” of Lewis’s allegations, and concluded that the conduct alleged was neither sufficiently severe nor sufficiently pervasive to establish that Lewis was subjected to an objectively hostile work environment on the basis of his sex. We agree.

Section 2000e-2(a)(1) requires a hostile work environment complaint to allege facts supporting employer liability for the harassment.

Jones v. HCA (Hospital Corporation of America) · filed 2014-04-21(a)(1)

Finally, and most problematic, Jones does not allege facts that could provide a basis for imposing liability on his employer, and therefore, he fails to plead the fourth element of his claim.

Section 2000e-2 allows a hostile work environment claim for race- or sex-based harassment when the employer knew or should have known of the harassment and failed to respond adequately.

Freeman v. Dal-Tile Corporation · filed 2014-04-29(a)(1)

In sum, we believe a reasonable fact-finder could find there was an objectively hostile work environment based on both race and sex and that Dal-Tile knew or should have known of the harassment and failed to adequately respond.

A sexually hostile work environment claim requires unwelcome sex-based harassment severe or pervasive enough to alter working conditions, plus a basis for holding the employer liable.

Flippo v. American Power Source, Inc. · filed 2014-05-12(a)(1)

An employee must establish: (1) that he or she belongs to a protected group; (2) that the employee has been subject to unwelcome sexual harassment, such as sexual advances, requests for sexual favors, and other conduct of a sexual nature; (3) that the harassment must have been based on the sex of the employee; (4) that the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a dis-criminatorily abusive working environment; and (5) a basis for holding the employer liable.

Section 2000e-2(a)(1) prohibits a hostile work environment based on race or national origin when unwelcome conduct is sufficiently severe and pervasive to alter employment conditions.

Equal Employment Opportunity Commission v. Global Horizons, Inc. · filed 2014-05-28(a)(1)

Accordingly, to prove its hostile-work-environment claim for each Thai Claimant, the EEOC must prove that the particular Thai Claimant was subjected to verbal or physical conduct by the Grower Defendants based on his race or national origin, and the conduct was unwelcome and sufficiently severe and pervasive to alter the employment conditions and create an abusive working environment.

A single alleged attempt to recruit a false sexual harassment accusation does not establish a hostile work environment under § 2000e-2(a)(1).

Watts v. Lyon County Ambulance Service · filed 2014-06-02(a)(1)

Even assuming the truth of Maki’s testimony to the contrary, the single conversation in which Murphy allegedly attempted to recruit Maki to make a false claim against Watts is inadequate to prove a Title VII hostile work environment claim.

Section 2000e-2(a)(1) permits employer liability for a racially hostile work environment created by coworkers when the employer should have known of the harassment.

Wilson v. Port City Air · filed 2014-06-03(a)(1)

As to the sixth element, employer liability for the conduct of a plaintiff’s co-workers, a reasonable jury could find that due to the amount racial harassment in Wilson’s workplace, and its openness, Port City should have known about it.

Section 2000e-2(a)(1) requires evidence of severe or pervasive race-based harassment to support a hostile work environment claim.

Nichols v. Michigan City Plant Planning Department · filed 2014-06-19(a)(1)

While it is a close call whether the conduct here is severe or pervasive, Nichols’s claim ultimately fails.

Section 2000e-2(a)(1) covers a sexually hostile work environment when the harassment occurred because of sex.

Livingston v. Marion Bank & Trust Co. · filed 2014-07-08(a)(1)

In order for statements and conduct of the employer or his agents to “count” towards the creation of a sexually hostile work environment actionable under Title VII, it is necessary that the jury be able to draw a reasonable inference that the harassment occurred “because of’ sex.

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

McKitt v. Alabama Alcoholic Beverage Control Board · filed 2014-07-10(a)(1)

Even assuming, arguendo, that Agent McKitt’s evidence is sufficient to show that certain incidents were based on Agent McKitt’s race, we cannot say that McKitt has shown that the complained-of conduct was objectively “severe or pervasive,” as required to create, under our precedent, an actionable hostile work environment claim.

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

Silva v. City of Hidalgo, Texas · filed 2014-07-17(a)(1)

Simple teasing, offhand comments, and isolated incidents, however, do not amount to pervasive harassment capable of changing the terms and conditions of employment.

Section 2000e-2(a)(1) permits a sexual harassment claim to proceed when allegations of persistent sexual advances and sexually intimidating conduct plausibly show a hostile work environment.

Dyer v. East Coast Diners, LLC · filed 2014-07-23(a)(1)

Based on the allegations contained within the plaintiffs pleadings, there are sufficient facts to survive a motion to dismiss under Title VII. Taking the plaintiffs facts as true, Sola and Jonnel both engaged in a pattern of sexually intimidating and offensive behavior. As alleged in the Second Amended Complaint, the persistence of Jonnel’s sexual advances, Sola’s response “he must know you like black dick,” when the plaintiff reported Jonnel’s behavior, and the fact that the behavior was ongoing during plaintiffs employment rises to the level of a sufficiently pled Title VII claim.

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

Obergantschnig v. Saw Creek Estates Community As · filed 2014-07-31

We agree with the District Court that Obergantschnig failed to establish that the sexual harassment was sufficiently pervasive.

Section 2000e-2(a) covers a race- or sex-based hostile work environment when harassment is sufficiently severe or pervasive to alter the conditions of employment and there is a basis for employer liability.

Manley v. Dekalb County, Georgia · filed 2014-09-03(a)

The plaintiffs, however, have not shown that they were subjected to severe or pervasive gender or racial harassment.

Section 2000e-2 permits a hostile work environment claim when racial comments support an inference that facially neutral workplace conduct was motivated by racial animus.

White v. City of Middletown · filed 2014-09-09(a)

Conversely, those race-based comments supply the inference that facially race-neutral adverse employment actions against Plaintiff were motivated by racial animus. ... Accordingly, Defendant’s motion for summary judgment dismissing Plaintiffs hostile work environment claims will be denied.

Section 2000e-2(a)(1) requires a hostile work environment claim based on sex to show that the harassment occurred because of sex.

Whitehurst v. Liquid Environmental Solutions, Inc. · filed 2014-09-10(a)(1)

Accordingly, while the Court certainly does not condone Coates’s and LaBell’s alleged conduct, where Whitehurst himself has testified that Coates and LaBell were acting out of “revenge,” no reasonable jury could conclude that such alleged harassment constitutes discrimination because of sex.

Section 2000e-2 permits a sexual harassment hostile work environment claim to proceed when the evidence creates a factual dispute over whether the harassment was severe or pervasive.

Meadows v. Wahler Automotive Systems, Inc. · filed 2014-09-12

But the evidence Meadows presented, when viewed in her favor, creates a material factual dispute as to whether the harassment by Belleperche was severe or pervasive enough to establish a hostile work environment.

Section 2000e-2(a)(1) permits a sexual harassment claim based on a hostile work environment even without evidence that the harassment harmed job performance.

Fuller v. SL Alabama, LLC · filed 2014-09-26(a)(1)

While there may be no evidence that Ms. Fuller’s job performance suffered, a reasonable person in Ms. Fuller’s position could find that the other factors comprising the totality of the circumstances (ie., the frequency, severity, repeated physical touching, and humiliating nature of Mr. O’Neal’s alleged misconduct) created a sexually hostile or abusive workplace. Thus, Ms. Fuller has presented adequate evidence to support the fourth element of a sexual harassment claim.

Section 2000e-2(a)(1) requires a hostile work environment plaintiff to show discrimination because of a protected status.

Clemmons v. Academy for Educational Development, Inc. · filed 2014-09-30(a)(1)

Under Title VII and the DCHRA, a “plaintiff must always prove that the conduct at issue was not merely tinged with offensive … connotations, but actually constituted discrimination … because of the employee’s protected status.”

Section 2000e-2 does not cover workplace bullying or harassment unless it is motivated by the employee’s membership in a protected class.

Johnson v. City University of New York · filed 2014-09-08

Bullying and harassment have no place in the workplace, but unless they are motivated by the victim’s membership in a protected class, they do not provide the basis for an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 (“Title VII”), and any complaint, to the Equal Employment Opportunity Commission (“EEOC”) based on them does not constitute “protected activity” under Title VII.

A racially hostile work environment claim can reach a jury when evidence permits a finding that harassment was severe or pervasive enough to alter working conditions.

U.S. Equal Employment Opportunity Commission v. Wedco, Inc. · filed 2014-12-04(a)(1)

Whether the alleged harassment was sufficiently severe or pervasive to alter Mitchell’s working conditions is a question for the jury.

Section 2000e-2(a)(1) requires race-based harassment to be severe or pervasive enough to alter employment conditions for a hostile work environment claim.

White v. Caterpillar Logistics, Inc. · filed 2014-12-16(a)(1)

Accordingly, the court finds that White has failed to proffer sufficient evidence that he was subjected to severe or pervasive harassment that was based on his race.

Section 2000e-2(a)(1) does not treat isolated racially offensive comments as sufficient to establish a hostile work environment.

Reginald D. Marable, Sr. v. Marion Military Institute · filed 2014-12-22(a)(1)

With respect to Tate’s racially discriminatory comments, the district court correctly found that such isolated conduct was not sufficient to create a racially hostile work environment.

Section 2000e-2 permits a sex-based hostile work environment claim when harassment is severe or pervasive enough to create an abusive workplace.

Walker v. Mod-U-Kraf Homes, LLC · filed 2014-12-23(a)(1)

The totality of the record before us creates too close a question as to whether Mullins and Young’s behavior created an objectively hostile or abusive work environment to be decided on summary judgment.

Section 2000e-2(a)(1) requires harassment to be based on race to count toward a racially hostile work environment claim.

Lewis-Smith v. Western Kentucky University · filed 2015-01-09(a)(1)

Thus, while Plaintiff recites various perceived slights and abuses, many of the alleged harassing incidents cannot be considered in the hostile work environment analysis because Plaintiff has not shown that the alleged harassment was based upon her race.

Section 2000e-2(a)(1) requires hostile work environment harassment to be based on protected status and severe or pervasive enough to affect employment conditions.

Thomas v. Beaumont Independent School District · filed 2015-01-12(a)(1)

He does not offer evidence indicating that any of the allegedly harassing incidents occurred because of his protected status. ... Furthermore, even viewing these isolated incidents in the most favorable light to the plaintiff, they do not rise to the necessary level of severity and pervasiveness to create a hostile work environment. ... The Court therefore concludes that the plaintiff has failed to create a genuine issue of material fact on any essential element of his Title VII hostile work environment claim.

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

Williams v. Silver Spring Volunteer Fire Department · filed 2015-01-16(a)(1)

Here, a reasonable juror could conclude that Thompson’s conduct was so severe or pervasive that it created an abusive environment.

Section 2000e-2(a)(1) requires hostile-work-environment harassment to be based on a protected trait.

Blackford v. Federal Express Corp. · filed 2015-02-12(a)(1)

Since the alleged harassment was based on factors other than race, Blackford cannot prevail on his hostile work environment claim.

Under § 2000e-2, an employer is not liable for an alleged hostile work environment when it responds adequately to a sexual harassment complaint.

Nixon v. Franciscan Health System · filed 2015-03-19

We conclude that FHS took adequate permanent steps to remedy the alleged harassment. ... Nixon’s hostile work environment claims under Title VII and Washington discrimination law therefore fail.

Section 2000e-2(a) covers race-based harassment when it is sufficiently severe or pervasive to alter a term or condition of employment.

Lopez v. Donahoe · filed 2015-03-23(a)

Based on the totality of the circumstances, the summary-judgment record, viewed in the light most favorable to Lopez, does not create a genuine fact issue as to whether Lopez was subjected to sufficiently severe or pervasive race-based harassment to alter a term or condition of his employment.

Section 2000e-2(a)(1) requires a racially hostile work environment claim to allege severe or pervasive harassment motivated by race.

Hare v. Donahoe · filed 2015-05-04(a)(1)

Ms. Hare’s complaint is devoid of any allegations of severe or pervasive harassment or any conduct that was racially motivated.

Section 2000e-2(a)(1) requires severe or pervasive discrimination to sustain a hostile work environment claim; one derogatory comment and changes in work responsibilities were insufficient.

Hanzer v. Mentor Network · filed 2015-05-04(a)(1)

Even assuming that Hanzer’s allegations are true, we agree with the District Court that one derogatory comment, along with changes in Hanzer’s work responsibilities, is insufficient to constitute the pervasive behavior required to sustain a hostile work environment claim.

Section 2000e-2(a)(1) permits a racially hostile work environment claim based on an isolated incident of harassment if the incident is extremely serious.

Boyer-Liberto v. Fontainebleau Corporation · filed 2015-05-07(a)(1)

An employer contravenes § 2000e-2(a)(l) by, inter alia, requiring an African-American employee to work in a racially hostile environment. ... Importantly, however, an “isolated incident[ ]” of harassment can “amount to discriminatory changes in the terms and conditions of employment,” if that incident is “extremely serious.”

Section 2000e-2(a)(1) allows a sex-based hostile work environment claim even without economic or tangible harm.

Young v. Giant Food Stores, LLC · filed 2015-06-08(a)(1)

To be actionable under 42 U.S.C. § 2000e-2(a)(l), discrimination need not be “economic” or “tangible.”

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

Sonnier v. Diamond Healthcare Corp. · filed 2015-06-15(a)(1)

In this case, under the standard applicable to retaliation claims, Thomas’s alleged actions would have permitted Plaintiff to reasonably believe Defendants were subjecting her to an abusive work environment, though Thomas’s actions as alleged, independent of any alleged retaliation, did not create an actual hostile work environment.

Section 2000e-2(a)(1) covers racially threatening harassment that is sufficiently severe to alter working conditions, even if it is not pervasive.

Pryor v. United Air Lines, Inc. · filed 2015-07-01(a)(1)

We agree with the district court’s determination that although the notes may not have been pervasive, “a reasonable jury could find that [they] were sufficiently severe to alter the conditions of plaintiff’s employment” and create a hostile work environment.

Section 2000e-2(a)(1) requires race or national origin harassment to be sufficiently severe or pervasive to affect a term or condition of employment.

Olmeda v. Cameron International Corp. · filed 2015-07-13(a)(1)

No genuine issue of material fact exists as to whether Carrington’s “Mexican” and “Beaner” comments affected a term or condition of the plaintiffs employment.

For a coworker harassment claim, an employer’s remedial response may be reasonable even if it does not question coworkers about allegations that lack specific details.

Brink v. McDonald · filed 2015-07-28(a)(1)

Although there wa$ no evidence that any of Plaintiffs supervisors asked Plaintiffs coworkers whether Plaintiffs skeletal allegations regarding being called “the white girl” were true, the jury permissibly could conclude that Defendant’s actions were reasonable. Plaintiff failed to provide Defendant with the details of her harassment allegations, and Defendant reasonably could have refrained from questioning Plaintiffs coworkers, based solely on Plaintiffs generalized allegations, to maintain confidentiality and avoid conducting an investigation that itself might have been considered harassment because of the lack of specificity in Plaintiffs allegations.

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

Littlejohn v. City of New York · filed 2015-08-03(a)(1)

These allegations could not support a finding of hostile work environment that is so severe or pervasive as to have altered the conditions of Littlejohn’s employment.

A racially hostile work environment claim under § 2000e-2(a)(1) survives dismissal when alleged racial epithets and workplace segregation plausibly show severe or pervasive harassment.

Johnson v. Angels · filed 2015-08-21(a)(1)

Based on Ms. Johnson’s factual allegations, the Court can reasonably infer that Defendants created a work environment that was both subjectively and objectively hostile.

Section 2000e-2(a)(1) requires an employee alleging coworker sexual harassment to show that the employer knew or should have known of the harassment and failed to take prompt remedial action.

Matherne v. Ruba Management · filed 2015-09-03(a)(1)

These facts, which are uncontroverted in the summary judgment record, demonstrate that Ruba took prompt remedial action once it knew, or should have known, of the alleged harassment.

Section 2000e-2(a)(1) requires a hostile work environment claim to rest on discrimination based on a protected ground.

Jeniffer Bright v. LabCorp · filed 2015-09-21(a)(1)

Furthermore, Bright does not allege facts demonstrating that the claimed discrimination was based on a protected ground other than race. Accordingly, we agree with the District Court’s decision to grant summary judgment in favor of LabCorp on Bright’s hostile work environment claim.

Section 2000e-2(a) allows a single incident of unwanted sexual contact to support a hostile work environment claim if it is sufficiently severe.

Jones v. Family Health Centers of Baltimore, Inc. · filed 2015-09-28(a)

If isolated uses of an offensive epithet can render a workplace hostile, the Court concludes that unwanted sexual contact can do so as well.

Section 2000e-2(a)(1) does not require a tangible adverse employment action for a hostile work environment claim.

Szwalla v. Time Warner Cable, LLC · filed 2015-09-29(a)(1)

However, an adverse employment action is not a required element of a hostile work environment claim. As set forth above — and as Defendants acknowledge — Plaintiff must prove only that the harassment was sufficiently severe to affect a term, condition, or privilege of her employment, not that she suffered a tangible adverse employment action in connection with the harassment.

Section 2000e-2(a)(1) allows a hostile work environment claim to proceed when the alleged sexual harassment is sufficient to state a claim, even if its severity or pervasiveness remains to be proved.

Hernandez-Mendez v. Rivera · filed 2015-09-30(a)(1)

Viewing the complaint’s allegations in the light most favorable to Plaintiff, the court concludes that they are sufficient to withstand a Rule 12(b)(6) motion to dismiss. It remains to be seen ¿whether Plaintiff can demonstrate conduct sufficiently severe or pervasive to support her sexual harassment claim and it may ultimately be a question of fact for a jury to decide. Her allegations, however, are sufficient to state a claim upon which relief can be granted and survive the motion to dismiss stage.

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

Selvato v. Septa · filed 2015-10-21(a)(1)

Even assuming Stevens’ two non-threatening, non-physical comments were motivated by Selvato’s gender, the Court finds that they were not sufficiently severe or pervasive to establish a prima facie hostile work environment.

Section 2000e-2(a) does not treat workplace criticism unrelated to race as race discrimination.

Aoyagi v. Straub Clinic & Hospital, Inc. · filed 2015-10-26(a)

Thus, while Woodard’s comments may have been undiplomatic or uncivil, because they are altogether unrelated to Plaintiffs race, they cannot support her claim of race discrimination under the federal and state statutes.

Section 2000e-2(a)(1) covers a sex-based hostile work environment when unequal treatment and related harassment, considered together, could alter working conditions.

Maldonado-Cátala v. Municipality of Naranjito · filed 2015-10-26(a)(1)

Because the Municipality has not argued that it should be absolved from liability resulting from the cumulative effect of all the incidents that form Maldonado’s sex-based hostile work environment claim, summary judgment is denied on this claim.

Section 2000e-2(a)(1) permits an employer to be held liable for a coworker’s sexual harassment when it knew or should have known of the harassment and failed to take effective action.

Wilson v. Gaston County · filed 2015-11-06(a)(1)

Because GEMS' did not act unreasonably, Wilson has failed to maké out the elements of a claim for hostile work environment under Title VII.

Section 2000e-2(a)(1) permits a racial hostile work environment claim when severe or pervasive discrimination affects an employee and there is a basis for employer liability.

Bryant v. Wilkes-Barre Hospital, Co. · filed 2015-11-17(a)(1)

Thus, to prove a hostile work environment claim under Title VII, plaintiff must show that: (1) she suffered intentional discrimination because of her race; (2) the discrimination was severe or pervasive; (3) the discrimination detrimentally affected her; (4) the discrimination would have detrimentally affected a reasonable person of the same protected class in her position; and (5) there is a basis for vicarious liability.

A sexual harassment claim under § 2000e-2(a)(1) cannot survive summary judgment when the alleged conduct could not establish a severe and hostile work environment even if a jury believed it.

Fugett v. Security Transport Services, Inc. · filed 2015-11-23(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.

Section 2000e-2(a)(1) requires sexual harassment to be because of the employee’s sex; a comment with sexual connotations alone does not establish sex discrimination.

McMillian v. Postmaster General, U.S. Postal Service · filed 2015-12-29(a)(1)

To prevail on his hostile work-environment claim, McMillian must “prove that the conduct at issue was not merely tinged with offensive sexual connotations, but actually constituted ‘discrimina[tion]. . . because of . . . sex.’ ” Oncale v. Sundowner Offshore Servs. Inc., 523 U.S. 75, 81 (1998) (quoting 42 U.S.C. § 2000e-2(a)(1)). Even assuming that Harris’s comment was sexual in nature, there is no evidence upon which a reasonable jury could find that the comment constituted discrimination because McMillian was male.

Section 2000e-2(a)(1) allows a hostile work environment claim to proceed when factual disputes remain about whether the employee experienced sexual harassment, the employer knew of it, and the employer failed to respond appropriately.

Nichols v. Tri-National Logistics, Inc. · filed 2016-01-04(a)(1)

We conclude that the district court erred in granting summary judgment on Nichols' Title VII and ACRA sex discrimination claims because genuine issues of material fact remain as to whether Nichols subjectively felt abused by Paris, that TNI was aware of his conduct, and that TNI failed to take appropriate action.

A hostile work environment claim under § 2000e-2(a)(1) requires evidence that the harassment was based on the employee’s sex.

Lieving v. Pleasant Valley Hospital, Inc. · filed 2016-01-06(a)(1)

After reviewing the record, we find no evidence that Lieving suffered harassment based on her sex.

Section 2000e-2(a)(1) covers national-origin harassment that is severe or pervasive enough to create an abusive working environment, assessed in light of the surrounding circumstances.

Unal v. Los Alamos Public Schools · filed 2016-01-29(a)(1)

The parties dispute, however, whether the harassment was based on Ms. Unal’s national origin and whether it was sufficiently severe or pervasive to demonstrate a hostile work environment. Our analysis therefore proceeds by assessing whether Ms. Unal’s evidence raises a genuine dispute as to these two elements of a hostile-work- environment claim. We conclude that it does.

Sexual harassment violates § 2000e-2(a)(1) when it is severe or pervasive enough to create an abusive working environment; isolated suggestive comments do not suffice.

Burrell v. United Parcel Service, Inc. · filed 2016-02-16(a)(1)

In order to rise to the level of actionable workplace harassment, “the complained-of conduct must have been sufficiently severe or pervasive to have altered the conditions of her employment such that it created an abusive working environment.” ... The complained-of conduct here does not rise to the “hellish” standard required to be actionable under Title VII.

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

Jackson v. Alabama Department of Corrections · filed 2016-02-22(a)(1)

On review of the record, drawing all reasonable inferences in the light most favorable to Jackson, the nonmoving party, we find that no reasonable jury could conclude that this conduct was sufficiently severe or pervasive to amount to a hostile work environment.

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

Short v. Immokalee Water & Sewer District · filed 2016-02-25(a)(1)

Plaintiff has alleged sufficient facts to plausibly establish that the harassment was severe and pervasive, both from a subjective viewpoint and objectively. The Court finds that plaintiff has sufficiently pled a claim for racially hostile work environment under Title VII.

Section 2000e-2(c) does not make a labor union liable for a hostile work environment in its representational role.

Phillips v. UAW International · filed 2016-02-26(c)

However, they may. not be held accountable under 42 U.S.C. § 2000e-2(c) on a hostile work environment theory, because that section does not prohibit a labor union from “discriminating] against any individual with respect to his compensation, terms, conditions, or privileges of employment.”

Section 2000e-2(a)(1) permits a sex-based hostile work environment claim when the plaintiff proves intentional discrimination, pervasive and regular conduct, detrimental effects on her and a reasonable person of the same sex, and employer liability.

Bumbarger v. New Enterprise Stone & Lime Co. · filed 2016-03-17(a)(1)

In order for Plaintiff to make a prima facie showing of a hostile work environment, she must prove that “ ‘(1) she suffered intentional discrimination because of her sex, (2) the discrimination was pervasive and regular, (3) the discrimination detrimentally affected her, (4) the discrimination would detrimentally affect a reasonable person of the same sex in that position, and (5) the existence of respondeat superior liability.’ ” Martinez v. Rapidigm, Inc., 290 Fed.Appx. 521, 524 (3d Cir.2008) (quoting Weston v. Pennsylvania, 251 F.3d 420, 426 (3d Cir.2001) (internal alterations omitted)).

Section 2000e-2(a)(1) permits an employer to avoid liability for a co-worker’s hostile work environment when it promptly takes effective action after learning of the harassment.

Ballard v. Mabus · filed 2016-03-25(a)(1)

However, even if Ballard’s allegations are true and that they establish a prima facie case of hostile work environments in violation of Title VII and ADEA, he nevertheless cannot prevail as a matter of law because the Navy took immediate remedial measures.

An employer may raise an affirmative defense to a supervisor-created hostile work environment claim when the employee suffered no tangible employment action.

McKinney v. G4S Government Solutions, Inc. · filed 2016-03-31(a)(1)

Here, neither the two counseling forms nor the later alleged retaliatory acts qualify as a tangible employment action.

Section 2000e-2 prohibits employment discrimination based on race, color, religion, sex, or national origin; a hostile work environment requires discriminatory conduct severe or pervasive enough to create an abusive workplace.

Ali v. McCarthy · filed 2016-04-12

Nothing about these allegations even suggests that his workplace was “permeated with discriminatory intimidation, ridicule, and insult” that was of such a degree that it altered his working conditions and created an abusive work environment.

Section 2000e-2(a) requires severe or pervasive harassment based on race or gender to establish a hostile work environment.

Steele v. City of Topeka · filed 2016-05-18(a)

Unable to show that the City targeted her for severe or pervasive, let alone intolerable, race-based or gender-based harassment, the Court grants the City summary judgment on Steele’s hostile work environment claim.

Section 2000e-2(a)(1) permits a sexual harassment claim without overtly sexual words or conduct; context matters.

Xiaoyan Tang v. Citizens Bank, N.A. · filed 2016-05-19(a)(1)

But Title VII requires no magic words to convert a verbal exchange into the stuff of sexual harassment.

Section 2000e-2 covers a hostile work environment when unwelcome harassment based on a protected characteristic is severe or pervasive enough to alter employment conditions and there is a basis for employer liability.

Stancombe v. New Process Steel LP · filed 2016-06-02

To prove a hostile-work-environment claim, a plaintiff must establish the following elements: (1) he belongs to a protected group; (2) he has been subjected to unwelcome sexual harassment, such as sexual advances, requests for sexual favors, and other conduct of a sexual nature; (3) the harassment was based on the protected characteristic; (4) the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a diseriminatorily abusive working environment; and (5) a basis exists for holding the employer liable.

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

Mahone v. CSX Transportation, Inc. · filed 2016-06-13(a)(1)

The district court properly granted summary judgment because, even viewing the evidence in the light most favorable to Mahone, he failed to come forward with evidence that the harassment was severe or pervasive enough to amount to a racially hostile work environment.

Section 2000e-2(a)(1) covers sex-based harassment sufficiently severe or pervasive to alter employment conditions and create an abusive work environment.

McKinley v. Salvation Army · filed 2016-06-14(a)(1)

Based on Moffitt’s consistent and repeated comments, some of which painted McKinley in a sexually demeaning light, the court concludes that a reasonable jury could find that Moffitt’s conduct was sufficiently severe or pervasive to alter the conditions of McKinley’s employment and create an abusive work environment.

Section 2000e-2(a)(1) permits a hostile work environment claim to reach a jury when a racially demeaning post could create an abusive workplace.

Fisher v. Mermaid Manor Home for Adults, LLC · filed 2016-06-29(a)(1)

Here, a reasonable jury could find that the Instagram post, comparing Plaintiff to a fictional chimpanzee from the Planet of the Apes movie, created a hostile work environment.

Section 2000e-2(a)(1) prohibits sex-based hostile work environments, and a claimant must establish unwelcome harassment.

Benefield v. MStreet Entertainment, LLC · filed 2016-07-01(a)(1)

Benefield has failed to establish that she was subject to unwelcome harassment.

Section 2000e-2(a)(1) does not allow a plaintiff to use gender-based remarks she learned of only after her employment to show that she subjectively perceived a hostile work environment.

Bird v. West Valley City · filed 2016-08-08(a)(1)

Without evidence indicating Plaintiff was aware of Mr. Davis’s statements before the litigation, she cannot use them to demonstrate her subjective perception of an abusive environment based on gender.

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

Selvato v. SEPTA · filed 2016-08-08(a)(1)

We conclude that the District Court did not err by determining that the two comments by Stevens (concerning stalking pictures on Facebook and “petting” flowers on her blouse), though offensive, did not rise to the frequency or level of physical threat necessary to establish a prima facie hostile work environment claim.

Section 2000e-2(a)(1) requires a hostile-work-environment plaintiff to show severe or pervasive harassment based on sex.

Graves v. Dayton Gastroenterology, Inc. · filed 2016-09-13(a)(1)

Viewing the evidence in the light most favorable to the plaintiff, we conclude, as did the district court, that she has not established a genuine dispute of fact as to whether she was subjected to severe or pervasive harassment based on her gender.

Section 2000e-2(a)(1) requires evidence that workplace harassment occurred because of sex; sexual overtones alone are insufficient.

Lord v. High Voltage Software, Incorpo · filed 2016-10-05(a)(1)

Because no reasonable jury could conclude that Lord was targeted for harassment because of his sex, summary judgment for High Voltage was appropriate.

Section 2000e-2(a)(1) requires a sex-based hostile work environment claim to allege severe or pervasive discrimination because of sex, harm to the employee and a reasonable person, and employer liability.

Betz v. Temple Health Systems · filed 2016-10-06(a)(1)

To survive a motion to dismiss a hostile work environment claim based on sex discrimination, Betz was required to establish that (1) she suffered intentional discrimination “because of” her gender; (2) the discrimination was severe or pervasive; (3) the discrimination detrimentally affected her; (4) the discrimination would have detrimentally affected a reasonable person in the same position; and (5) the existence of respondeat superior liability.

Section 2000e-2(a)(1) permits a hostile work environment claim based on severe sexual harassment outside work when it creates an abusive environment at work.

D.C. v. Hasratian · filed 2016-10-25(a)(1)

A jury could find that Jennifer's statutory rape of D.C. outside of work was severe enough to create an abusive environment while he was at work.

Section 2000e-2(a)(1) requires harassment to be severe or pervasive enough to alter employment conditions; frequent rudeness and aggressive behavior alone do not qualify.

Morgan v. Washington Metropolitan Area Transit Authority · filed 2016-11-18(a)(1)

The Court agrees with WMATA that Ms. Morgan’s claims of mistreatment are not severe or pervasive enough to give rise to a hostile work environment claim, and therefore dismisses the claim.

Section 2000e-2(a)(1) requires harassment to be linked to a protected characteristic to support a hostile work environment claim.

Carr v. Sanderson Farms, Inc. · filed 2016-11-21(a)(1)

A bare allegation of harassment, unrelated to membership in any protected class, cannot form the basis of a Title VII claim.

Section 2000e-2(a)(1) requires plaintiffs claiming a hostile work environment to identify who experienced the alleged harassment and how.

Poole v. United States Government printing/publishing office/agency · filed 2016-11-30(a)(1)

Yet to survive future dismissal, Plaintiffs must specifically allege which of them suffered a hostile environment and in which ways.

A hostile work environment claim does not require a fixed number of incidents.

Johnson v. J. Walter Thompson U.S.A., LLC · filed 2016-12-13(a)(1)

But there is no “threshold” “magic number” of anecdotes required to support a hostile environment claim.

Section 2000e-2(a)(1) allows a hostile work environment claim when evidence could permit a jury to find that harassment altered working conditions based on sex.

Furcron v. Mail Centers Plus, LLC · filed 2016-12-16(a)(1)

These statements, as well as the statements in Johnson’s excluded Declaration, see infra Part III.A.3, compel the conclusion that a genuine dispute of material fact exists regarding whether Seligman’s constant state of arousal related to Furcron’s gender.

Section 2000e-2(a)(1) requires harassment to be sufficiently severe or pervasive to alter an employee’s terms or conditions of employment and create a discriminatorily abusive work environment.

Edwards v. Ambient Healthcare of Georgia, Inc. · filed 2017-01-09(a)(1)

Reviewing her complaints as a whole, Edwards failed to allege facts demonstrating that the sexual harassment of the two patients and the caregiver was sufficiently severe or pervasive to alter the terms and conditions of Edwards’s employment and create a discriminatorily abusive work environment for Edwards.

Section 2000e-2 requires proof that workplace harassment was motivated by sex to sustain a Title VII hostile work environment claim.

Rivera-Rivera v. Medina & Medina, Inc. · filed 2017-01-11(a)(1)

Moreover, even if Rivera’s affidavit was deemed sufficient to prove that the alleged harassment was severe enough, she would also have to prove that it was directed at her either because of her age or motivated by her gender. ... Her hostile work environment claims under Title VII and the ADEA are, therefore, dismissed with prejudice.

Section 2000e-2(a)(1) does not make an employer liable for coworker harassment when it responds reasonably to the facts it knew or should have known.

Fox v. Yates Services, LLC · filed 2017-02-08(a)(1)

The standard is whether Yates was indifferent or unreasonable in responding to the facts it knew or should have known. For all the reasons set forth herein, the court finds that Fox has failed to set forth sufficient evidence showing that a genuine issue for trial remains as to whether Yates’ response to her claims of harassment were appropriate.

Section 2000e-2(a)(1) permits a hostile work environment claim when the employee perceives the workplace as abusive, the environment is objectively hostile, and the harassment can be attributed to the employer.

Blackwell v. City of Bridgeport · filed 2017-02-27(a)(1)

To prevail on this theory, a plaintiff must prove (a) that he subjectively perceived the environment to be abusive; (b) that his working environment was “objectively hostile” and (c) that a specific basis exists for imputing the harassing conduct to the employer.

A race-based harassment claim under Section 2000e-2(a)(1) requires a link between the alleged harassment and the employee’s race.

Moss v. Texarkana Arkansas School District · filed 2017-03-01(a)(1)

The third element requires Plaintiff to show that she suffered harassment based on her race. ... Plaintiff offers no other argument of a nexus between harassment and her race. Therefore, the Court finds that Plaintiff cannot satisfy this element.

Section 2000e-2(a)(1) requires race- or sex-based harassment to be severe or pervasive enough to alter employment conditions; isolated, nonthreatening conduct does not establish a hostile work environment.

Edgerton v. City of Plantation · filed 2017-03-14(a)(1)

Edgerton was never threatened. Any offensive conduct was isolated and appears to have occurred during a relatively small part of her workday. These incidents do not establish a hostile work environment.

Section 2000e-2(a) requires a supervisor’s unwelcome sexual harassment to affect a term, condition, or privilege of employment for a hostile work environment claim.

Seibert v. Jackson County, Mississippi, et · filed 2017-03-15(a)

To prevail on a sexual harassment-based claim of hostile work environment against a supervisor under Title VII, an employee must prove: “(1) that the employee belongs to a protected class; (2) that the employee was subject to unwelcome sexual harassment; (3) that the harassment was based on sex; and (4) that the harassment affected a ‘term, condition, or privilege’ of employment.” Lauderdale v. Tex. Dep’t of Criminal Justice, Inst’l Div., 512 F.3d 157, 163 (5th Cir. 2007). The jury thus could have believed that Byrd subjected Seibert to unwelcome sexual harassment but concluded that this harassment did not affect a term, condition, or privilege of employment.

Section 2000e-2(a)(1) prohibits race or religion based hostile work environments when harassment is sufficiently severe or pervasive to affect a term, condition, or privilege of employment.

Jackson v. Lew · filed 2017-03-17(a)(1)

The Court finds that Plaintiff cannot establish a prima facie case for her claims of hostile work environment. It is undisputed that Plaintiff felt harassed or intimidated based on her race and religion, but she fails to cite sufficient evidence to show that the work environment was objectively hostile.

Section 2000e-2(a)(1) requires sex-based harassment to be objectively and subjectively offensive enough to alter the terms and conditions of employment for a hostile work environment claim.

Liles v. C.S. McCrossan, Inc. · filed 2017-03-21(a)(1)

There is no doubt that these comments and actions were rude and unpleasant, but Liles fails to prove that they were so objectively and subjectively offensive that they altered the terms and conditions of her employment.

Section 2000e-2 does not treat coworkers’ religious practices as a hostile work environment merely because they disrupt another employee’s work.

Massey v. Tillerson · filed 2017-03-31(a)(1)

These allegations, accepted as true, would support a finding that her Muslim colleagues’ practices were disruptive or perhaps inconsiderate, but they would not show that her colleagues were intimidating, ridiculing, or insulting her because of her religious beliefs.

Section 2000e-2 requires race-based harassment to be severe or pervasive enough to alter employment conditions for a hostile work environment claim.

Phillips v. UAW International · filed 2017-04-12(a)

These incidents, if true, are offensive and condemnable. But they are not actionable as a hostile work environment. Like in Williams, Reed, Morris, and Clay, the incidents were isolated and not pervasive or severe enough to alter the terms and conditions of Phillips’s employment.

Section 2000e-2(a)(1) requires objectively severe or pervasive harassment to sustain a race-based hostile work environment claim.

Zarza v. Tallahassee Housing Authority · filed 2017-04-26(a)(1)

In sum, while Plaintiff’s working conditions ... may have been unpleasant, and his supervisor may have been an unfair and unkind boss, Plaintiff has not shown that he faced the objectively severe or pervasive harassment necessary to sustain a hostile work environment claim.

Section 2000e-2(a)(1) does not treat an intoxicated arrestee’s racial abuse of a police officer as altering employment conditions, even when the arrestee is the mayor.

Johnstone v. Village of Monticello · filed 2017-04-28(a)(1)

Being subjected to an intoxicated and verbally abusive perpetrator does not alter the conditions of a police officer’s employment or create an actionably hostile work environment, even if the person arrested happens to be the mayor.

Section 2000e-2(a)(1) requires evidence linking alleged workplace harassment to the employee’s race to support a race-based hostile work environment claim.

Stone v. McGraw-Hill Global, etc. · filed 2017-05-15(a)(1)

The district court properly held that Stone had failed to show a causal connection between the alleged acts of harassment and his race.

Section 2000e-2(a)(1) permits a gender-based hostile work environment claim to proceed when the complaint plausibly alleges sufficient harassment.

Perez v. Town of North Providence · filed 2017-06-22(a)(1)

Because the Court finds that Lt. Perez has set forth sufficient plausible allegations to establish legal claims for a hostile work environment resulting in gender discrimination and re...taliation by the Town,.the Town’s Motion to Dismiss is DENIED.

Section 2000e-2(a)(1) prohibits national origin harassment that is severe or pervasive enough to alter the conditions of employment.

Alamo v. Charlie Bliss · filed 2017-07-20(a)(1)

The complaint contains several allegations which, taken together, sufficiently state hostile work environment claims under both Title VII and § 1983.

Section 2000e-2(a)(1) allows a hostile work environment claim when an employer’s response to an employee’s off-premises rape effectively condones the assault and its effects.

Fuller v. Idaho Dept. of Corrections · filed 2017-07-31(a)(1)

Little teaches that when an employer acts in a way that “effectively condone[s]” or ratifies a rape or sexual assault and its effects, a jury may reasonably infer that the employer itself is discriminating “because of sex.” ... Although we decline to opine on whether other circumstances may constitute “condoning or ratifying” a rape, we find that Fuller has raised a question of material fact ... as to whether the IDOC did so here.

Section 2000e-2(a) makes sex-based harassment actionable as a hostile work environment only when it is severe or pervasive enough to alter working conditions.

Daniels v. Pike County Commissioners · filed 2017-08-29(a)

Such harassment is not actionable under Title VII and under the Ohio Civil Rights Act, however, unless Junk’s conduct also can be considered severe or pervasive enough to create a hostile work environment.

Section 2000e-2(a)(1) hostile work environment claims do not use the McDonnell Douglas burden-shifting framework.

Moody v. Atlantic City Board of Educati · filed 2017-09-06(a)(1)

We agree that the burden-shifting framework is inapplicable here because, as the Pollard court explained, there can be no legitimate justification for a hostile work environment. 213 F.3d at 943. Therefore, we will not apply the McDonnell Douglas burden-shifting framework to Moody’s hostile work environment claim.

Section 2000e-2(a)(1) requires evidence that alleged workplace harassment occurred because of the employee’s sex to support a hostile work environment claim.

Moser v. Florida Department of Corrections · filed 2017-09-25(a)(1)

The district court did not err by entering summary judgment against Moser’s complaint of a hostile work environment. ... But Moser failed to prove that she was subjected to unwelcome harassment because of her gender.

A gender-based hostile work environment claim requires unwelcome harassment that is severe or pervasive, objectively and subjectively offensive, motivated by sex, and attributable to the employer.

Maldonado-Catala v. Municipality of Naranjito · filed 2017-11-21(a)

We have identified six elements that a plaintiff must establish to succeed with a gender-based hostile work environment claim under Title VII. See, e.g., Ponte v. Steelcase, Inc., 741 F.3d 310, 320 (1st Cir. 2014); see also 42 U.S.C. § 2000e-2(a) (barring sex-based discrimination). In addition to proving that she experienced (1) unwelcome harassment that was (2) severe or pervasive, and (3) both objectively and subjectively offensive, the plaintiff must show (4) membership in a protected class, (5) that the harassment was motivated by sex, and (6) a basis for employer liability.

A single racial epithet uttered outside the workplace by a coworker who does not supervise the employee is insufficient to establish a hostile work environment under Title VII.

Scurlock v. Penthouse International Entert · filed 2017-12-07

Scott’s racial epithet was highly offensive and wholly unacceptable, but summary judgment on this claim was proper because this single incident took place outside of the workplace by an employee who did not supervise Scurlock.

For a Title VII hostile work environment claim involving a supervisor’s harassment without a tangible employment action, an employer can avoid vicarious liability by showing that it reasonably prevented and corrected harassment and that the employee unreasonably failed to use the opportunities it provided.

Lacasse v. Didlake, Inc. · filed 2018-01-10(a)(1)

Therefore, we hold that Didlake has established a valid affirmative defense to Lacasse’s hostile work environment claim and affirm summary judgment in Didlake’s favor on Lacasse’s Title VII claim.

Section 2000e-2(a)(1) prohibits sexual harassment that creates an objectively severe or pervasive hostile work environment.

Figueroa v. KK Sub II, LLC · filed 2018-01-26(a)(1)

Sexual harassment falls within the sex-based discrimination prohibited by Title VII and the NYSHRL. ... Based on its review of the record, the Court concludes that no reasonable jury could find that the alleged misconduct was objectively severe or pervasive. Plaintiff experienced-at most-four objectionable exchanges over the course of approximately thirteen months, which could not reasonably be characterized as pervasive.

Section 2000e-2(a)(1) covers sex-based harassment that is sufficiently severe or pervasive to create a hostile work environment and is imputable to the employer.

Hernandez v. Fairfax County · filed 2018-01-30(a)(1)

Accordingly, because disputed issues of fact exist regarding whether Bruley’s harassment (1) was sufficiently severe and pervasive and (2) was imputable to the County, we hold that the district court erred in awarding summary judgment to the County on Hernandez’s hostile work environment claim.

A Title VII sexual harassment claim requires conduct that is objectively severe or pervasive enough to create a hostile work environment.

Looney v. Purely, Inc. · filed 2018-02-21(a)(1)

Even construing them in the light most favorable to Looney, the complaint’s well-pleaded allegations do not, under the totality of the circumstances, plausibly suggest conduct that is objectively “severe or pervasive” to support a Title VII sexual harassment claim.

A single use of “boy” does not by itself create a hostile work environment under § 2000e-2.

Booker v. Johnsonville Sausage, LLC · filed 2018-02-28

And even if we assume that there was a single use of “boy” without the “atta,” that would fall short of creating a hostile work environment as the Supreme Court uses that phrase.

Section 2000e-2(a)(1) permits a sex discrimination claim based on sexual harassment that creates an abusive work environment.

Murdoch v. Medjet Assistance, LLC · filed 2018-03-01(a)(1)

Title VII has been interpreted to specifically allow claims for sexual harassment to rest upon the theory of an abusive work environment.

National-origin harassment violates Title VII when it is severe or pervasive enough to create an abusive working environment.

Sidlo v. MillerCoors · filed 2018-03-07(a)(1)

But even if these incidents were somehow tied to national-origin discrimination, the sum of the harassment didn’t create an abusive working environment and therefore failed to satisfy the second prong of hostile-work-environment analysis.

Section 2000e-2 requires a hostile work environment plaintiff to show severe or pervasive harassment that alters employment conditions and a basis for imputing that conduct to the employer.

Serrano v. New York State Department of Environmental Conservation · filed 2018-03-15

To prevail on a hostile work environment claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, a plaintiff must show “(1) harassment that was sufficiently severe or pervasive to alter the conditions of her employment, creating an abusive working environment, and (2) a sufficient basis for imputing the conduct that created the hostile environment to her employer.”

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

Roy v. Correct Care Solutions, LLC · filed 2018-03-30(a)(1)

The MHRA and Title VII provide that it is unlawful employment discrimination for an employer to discriminate against an employee on the basis of sex with respect to compensation, terms, conditions or privileges of employment. ... The remaining conduct Roy cites in support of her claims of a hostile work environment are not, considered together, so objectively severe or pervasive as to alter the terms and conditions of her employment.

A hostile work environment under § 2000e-2(a)(1) requires discriminatory conduct severe or pervasive enough to alter employment conditions.

Hudson v. American Federation of Government Employees · filed 2018-04-10(a)(1)

These actions fall far short of the kind of “sever[e] or pervasive[]” conduct that Title VII was designed to protect against.

Section 2000e-2(a)(1) can make an employer liable for severe or pervasive sexual harassment by a patient with dementia when the employer knows of it and fails to take reasonable steps to protect employees.

Gardner v. CLC of Pascagoula, L.L.C. · filed 2018-06-29(a)(1)

That liability for a hostile workplace claim based on the behavior of someone other than a supervisor ultimately depends on whether the employer knew or should have known of the hostile work environment and took reasonable measures to try to abate it. ... CLC did not undertake measures to try to remedy the harassment. This violated its duty to take reasonable steps to protect its employees once it knows that they are subject to abusive behavior.

Section 2000e-2(a)(1) requires harassment supporting a hostile work environment claim to be based on race or gender.

Ganheart v. Brown · filed 2018-06-29(a)(1)

Ganheart’s pleadings provide no basis on which we could conclude that any harassment she experienced was “based on” race or gender.

A hostile work environment claim under § 2000e-2(a)(1) requires evidence that the harassment was based on race.

Robert Lee Shockley, Jr. v. Macon Bibb County Georgia · filed 2018-08-27(a)(1)

The district court did not err in granting summary judgment for the County on Shockley’s hostile work environment claim because Shockley failed to show any harassment he suffered was based on his race.

Section 2000e-2(a)(1) covers a hostile work environment caused by a customer’s sex-based stalking when the conduct is objectively severe or pervasive.

Equal Emp't Opportunity Comm'n v. Costco Wholesale Corp. · filed 2018-09-10(a)(1)

We conclude that the district court was right to deny Costco’s motion for judgment as a matter of law, because a reasonable jury could conclude that Thompson’s conduct was severe or pervasive enough to render Suppo’s work environment hostile.

Section 2000e-2(a)(1) covers a hostile work environment caused by a customer’s persistent, frightening stalking of an employee.

EEOC v. Costco Wholesale Corp. · filed 2018-09-10(a)(1)

A rea- sonable juror could conclude that being hounded for over a year by a customer despite intervention by management, in- volvement of the police, and knowledge that he was scaring her would be pervasively intimidating or frightening to a per- son “of average steadfastness.”