· 4/11/2003
Yasharay Mack v. Otis Elevator Company and Local 1 International Union of Elevator Constructors
Citations
- 326 F.3d 116
- 173 L.R.R.M. (BNA) 2779
- 2003 U.S. App. LEXIS 6948
- 84 Empl. Prac. Dec. (CCH) 41,422
- 91 Fair Empl. Prac. Cas. (BNA) 1009
- 2003 WL 1860722
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the authority that renders a person a supervisor for purposes of Title VII analysis is broader than the mere power to hire, fire, demote, promote, transfer or discipline another employee
- rejecting a more narrow definition of supervisor used by other courts and adopting the Equal Employment Opportunity Commission’s definition
- disagreeing with Parkins and holding that a “supervisor” is a person given authority that “enabled or materially augmented [his or her] ability. . . to create a hostile work environment”
- placing burden on plaintiff to show that the harasser was a supervisor
- criticizing the Parkins standard as too narrow and adopting the broader standard of “whether the authority given by the employer to the employee enabled or materially augmented the ability of the latter to create a hostile work environment for his or her subordi- nates”
- plaintiff must show that a specific basis exists for imputing the conduct that created the hostile environment to the employer
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Cardamone, Sack
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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