Court: U.S. Court of Appeals 3rd Circuit

June 16, 2023 by mjpospis

Hostile Work Environment Sexual Harassment Claim Dismissal Was Proper in Light of Defendant’s “Prompt,” “Effective” Response: 3rd Circuit

In Stein v. Attorney General United States of America, 2023 WL 3993014 (3d Cir. June 14, 2023) (not precedential), the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. In this case, the…

Title VII “Race-Association” Retaliation Claim, Arising From “Monkey” Comment, Improperly Dismissed on Summary Judgment, Third Circuit Holds

In a recent case, Kengerski v. Orlando Harper; County of Allegheny, 2021 WL 3199225 (3d Cir. July 29, 2021), the U.S. Court of Appeals for the Third Circuit revived the plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the claim for so-called “associational…

Title VII Race Discrimination Dismissal Affirmed; Termination For Controversial Social Media Posts Was Not Unlawful Discrimination

A recent case, Ellis v. Bank of New York Mellon Corp., 2021 WL 829620 (3d Cir. March 4, 2021), involves an increasingly-common scenario: an employee of a (non-public) employer suffers a negative job action due to their outside-work social-media posting(s). In this case, the plaintiff (who is white) was terminated following her alleged Facebook post…