Tuesday, July 6, 2010

Second Circuit Reverses Lower Court's Dismissal of Sexual Harassment, Hostile Work Environment Claims

The Court of Appeals for the Second Circuit found that a female employee presented enough evidence that her male manager subjected her to a 16-month period of abuse that was sufficiently severe or pervasive to create a sexually hostile work environment, thus reviving her Title VII and Connecticut law claims. The case is Kaytor v Electric Boat Corp.

The Second Circuit found reversible error in much of the district court's analysis of the facts presented in the record. The circuit court also allowed the employee to proceed with her claim that she was subjected to unlawful retaliation when the company transferred her to a less desirable position, but affirmed the district court’s dismissal of her claims for retaliatory discharge and intentional inflection of emotional distress.

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