CourtCases2010

vickers asserts that following a vacation in april

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: decision; (3) he was qualified for the position; and (4) he was treated differently than a similarly situated individual outside the protected class. Civil Rights Act of 1964, § 703(a)(1), 42 U.S.C.A. § 2000e-2(a)(1). In order to bring a hostile work environment sexual harassment claim under Title VII, a plaintiff must show the following: (1) the employee was a member of a protected class; (2) the employee was subject to unwelcome sexual harassment; (3) the harassment complained of was based on sex; (4) the charged sexual harassment created a hostile work environment; and (5) the existence of employer liability. Civil Rights Act of 1964, § 703(a)(1), 42 U.S.C.A. § 2000e-2(a)(1). An individual does not make out a claim of sexual harassment under Title VII merely because the words used have sexual content or connotations; rather, the critical issue is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed. Civil Rights Act of 1964, § 703(a)(1), 42 U.S.C.A. § 2000e-2(a)(1). *758 ARGUED: Randi A. Barnabee, Smithbarnabee & Co., LPA, Bedford, Ohio, for Appellant. William R. Case, Thompson Hine, Columbus, Ohio, Lois A. Gruhin, Zashin & Rich, Columbus, Ohio, for Appellees. ON BRIEF: Randi A. Barnabee, Smithbarnabee & Co., LPA, Bedford, Ohio, for Appellant. William R. Case, Thompson Hine, Columbus, Ohio, Lois A. Gruhin, Zashin & Rich, Columbus, Ohio, Helena Oroz, Stephen S. Zashin, Zashin & Rich, Cleveland, Ohio, for Appellees. Before: SILER and GIBBONS, Circuit Judges; LAWSON, District Judge. [FN*] FN* The Honorable David M. Lawson, United States District Judge for the Eastern District of Michigan, sitting by designation. *759 GIBBONS, J., delivered the opinion of the court, in which SILER, J., joined. LAWSON, D.J. (pp. 766 - 70), delivered a separate dissenting opinion. OPINION JULIA SMITH GIBBONS, Circuit Judge. Christopher Vickers brought a claim against Fairfield Medical Center (FMC), three coworkers, and a co-worker's spouse alleging sex discrimination, sexual harassment and retaliation in violation of Title VII of the Civil Rights Act...
View Full Document

Ask a homework question - tutors are online