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· 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 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.