EEOC v. Central Wholesalers, Inc., No. 08-1181

In a Title VII action by the EEOC claiming that defendant subjected an employee to a hostile work environment based on her gender and race, summary judgment for defendant is reversed where the evidence, viewed in the light most favorable to the EEOC, would allow a reasonable jury to conclude that the harassment was: 1) unwelcome; 2) based on plaintiff's gender or race; 3) sufficiently severe or pervasive to alter the conditions of her employment and create an abusive atmosphere; and 4) imputable to defendant.

Read EEOC v. Central Wholesalers, Inc., No. 08-1181

Appellate Information

Argued: March 27, 2009

Decided: July 21, 2009

Judges

Opinion by Judge Shedd

Counsel

For Appellant:

Daniel Travis Vail, U.S. Equal Employment Opportunity Commission, Washington, DC,

For Appellee:

Fred Saul Sommer, Shulman, Rogers, Gandal, Pordy & Ecker, PA, Rockville, MD