· 8/19/1998
Gunnell v. Utah Valley State College
Citations
- 152 F.3d 1253
- 98 Colo. J. C.A.R. 4356
- 4 Wage & Hour Cas.2d (BNA) 1488
- 1998 U.S. App. LEXIS 20205
- 73 Empl. Prac. Dec. (CCH) 45,448
- 79 Fair Empl. Prac. Cas. (BNA) 112
- 1998 WL 488796
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that employer will be liable for harassment inflicted by the victim's co-workers if (1) supervisory or management personnel knew about and acquiesced in or condoned the retaliatory harassment by the plaintiff's co-workers, or (2
- recognizing that a plaintiff must file a complaint with the EEOC “within 180 days or with a state agency within 300 days” in order to preserve their ability to maintain a cause of action under Title VII
- stating that to withstand summary judgment, an employee’s termination must be related to the request for FMLA leave
- noting that plaintiff’s failure to mark the box for sex discrimination created a rebuttable presumption that she was not asserting that claim
- recognizing claims for coworker retaliatory harassment if the conduct is “sufficiently severe,” the company had knowledge of the acts, and the company orchestrated, condoned, or encouraged them
- noting that co-worker harassment “must be intentional on the part of the employer”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ebel, Holloway, Black
Read full opinion on CourtListenerSourced 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.