· 5/22/2009
Gallagher v. C.H. Robinson Worldwide, Inc.
Citations
- 567 F.3d 263
- 2009 U.S. App. LEXIS 10933
- 92 Empl. Prac. Dec. (CCH) 43,570
- 106 Fair Empl. Prac. Cas. (BNA) 422
- 2009 WL 1423967
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that it was unreasonable for plaintiff to report harassment to the supervisor who harassed her when the policy provided “alternative avenues” for reporting
- finding that the supervisor’s participation in the harassment did not ripen into any tangible employment action against the plaintiff, such as firing or demotion, and thus the employer was not “ipso facto” vicariously liable
- issue of fact as to whether work environment was hostile where there was pornography displayed in workplace, and where coworkers routinely discussed their personal sexual exploits -26- and referred to women using derogatory terms
- “‘sex specific’ profanity is more degrading to women than men and is properly deemed ‘based on 3 That he made these remarks is not disputed. (Doc. No. 36 ¶ 32). sex’ for purposes of evaluating the severity and pervasiveness of the harassment”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibbons and McKeague, Circuit Judges Shadur, District Judge
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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