· 7/16/2008
O'BRIEN v. Department of Agriculture
Citations
- 532 F.3d 805
- 2008 U.S. App. LEXIS 15102
- 91 Empl. Prac. Dec. (CCH) 43,265
- 103 Fair Empl. Prac. Cas. (BNA) 1356
- 2008 WL 2744912
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that verbal harassment and increased scrutiny were not severe or pervasive enough to give rise to a hostile work environment
- recognizing also that “[t]he frequency of the alleged harassment is only one of the relevant factors in determining whether it was sufficiently severe or pervasive”
- concluding a plaintiff’s “bare assertion and speculation” were insufficient to establish a genuine issue of material fact
- noting that “increased scrutiny might, at some point, amount to a hostile work environment,” but rejecting hostile-work-environment claim for lack of evidence of a discriminatory purpose on part of supervisor
- finding the allegations, when “distilled to verbal harassment and increased scrutiny,” were insufficient to support a claim of constructive discharge
- affirming a summary judgment ruling despite evidence showing that plaintiffs’ supervisory embarrassed, isolated, and ostracized them, scrutinized their work, and increased their workload after the claimants engaged in protected activity
Source: CourtListener parenthetical corpus (CC0).
Judges: Melloy, Gruender, Shepherd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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