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· 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 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.