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· 4/27/2004

Belinda Hulsey v. Pride Restaurants

Citations

  • 367 F.3d 1238
  • 2004 U.S. App. LEXIS 8256
  • 93 Fair Empl. Prac. Cas. (BNA) 1185
  • 2004 WL 885740

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that courts sometimes use “the word ‘claim’” as “potentially confusing” shorthand for “theories of liability”
  • explaining that genuine issue of fact remained as to whether conduct was severe or pervasive when male supervisor made at least eighteen sexual advances during an approximate two-week span, repeatedly attempted to touch plaintiff’s breasts and to place his hands down her pants
  • listing elements for a sex discrimination claim under a “hostile work environment” theory
  • analyzing the frequency, severity, and nature of the alleged sexual harassment only when assessing the plaintiff's claim under a hostile work environment theory, but not when assessing her claim under a tangible employment action theory
  • reversing district court's grant of summary judgment and remanding for a trial on plaintiff's theory that employer is vicariously liable to her for a Title VII violation she suffered because her supervisor “fired her for refusing to give in to his sexual advances.”
  • “[Quid pro quo sexual harassment occurs] if the employee’s refusal to submit to a supervisor’s sexual demands results in a tangible employment action.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Wilson, Jordan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.