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· 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 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.