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· 12/22/2015

Lounds v. Lincare, Inc.

Citations

  • 812 F.3d 1208
  • 128 Fair Empl. Prac. Cas. (BNA) 858
  • 2015 U.S. App. LEXIS 22433
  • 99 Empl. Prac. Dec. (CCH) 45,458

How courts have described this case

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

  • noting that “the workplace environment is likely to become more readily permeated by race-based ridicule, insult, and the like, insofar as the repeated harassing acts approach the level of severe”
  • stating that a retaliation claim requires a materially adverse action, which is one that would dissuade a plaintiff from making a charge of discrimination
  • explaining that the “plaintiff must show more than a few isolated incidents of [gender-based] enmity.”
  • holding issue waived on appeal where party did not make any meaningful appellate argument
  • explaining that “there is a qualitative dimension to the” severity and pervasiveness inquires
  • recognizing “that ‘the severity and 9 pervasiveness evaluation is particularly unsuited for summary judgment’ because it is inherently fact-found by nature” (quoting O’Shea v. Yellow Tech. Servs., Inc., 185 F.3d 1093, 1098 (10th Cir. 1999))

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Holmes, McHugh

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.