Monday, April 17, 2017

4th Circuit Sexual Harassment Decision

HarassmentJonathan Harkavy (Patterson Harkavy) writes to tell us about the new Fourth Circuit sexual harassment case of Wilson v. Gaston County, NC. Here's Jon's take on the case:

Although the decision is marked unpublished, the majority opinion is a detailed signed one by Judge Wilkinson, with Judge Motz concurring.  And, there is a partial dissent by Judge Diaz protesting dismissal of plaintiff's sexual harassment claim.  The Court affirmed a summary judgment for the employer notwithstanding what appears to be a genuine, plausible and material factual dispute about some fairly gross sexual harassment of the plaintiff.  I do not understand why the decision is not a published one.  In light of Judge Diaz' partial dissent, I would not be surprised to see a petition for rehearing en banc.

Thanks for sending this, Jon.

rb

http://lawprofessors.typepad.com/laborprof_blog/2017/04/4th-circuit-sexual-harassment-decision.html

Employment Discrimination | Permalink

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