CourtCases2010

Employee retirement income security act of 1974 510

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Unformatted text preview: 141 L.Ed.2d 662 (1998). [12] It is undisputed that Ms. Blizzard established the first element, as she is a female. Appliance Direct argues, however, that she failed to present evidence of the remaining elements. With respect to the second element, Ms. Blizzard contends, and we agree, that there was certainly evidence adduced of the unwelcome nature of Mr. Rock's conduct because, among other things, she complained to her co-workers, the zone manager and other managers, and to human resources. Likewise, there was ample evidence that the harassment was based on her sex in light of the fact that Mr. Rock verbally offered sexually explicit descriptions, talked extensively about his penis and sexual prowess, made sexually suggestive sounds (whinnying like a horse), and by showing favoritism to women who flirted with him. She argues, as well, that his propensity to commit sexbased harassment was demonstrated by evidence that he sexually harassed two other female employees. Thus, her evidence satisfies the third element. It is the fourth and fifth elements that give us pause. [13] The fourth element of a cause of action for harassment required Ms. Blizzard to produce evidence that the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and to create a discriminatorily abusive working environment. In this connection we note that the “severe or pervasive” part of the fourth element includes both a subjective and an objective component. Mendoza, 195 F.3d at 1246. Thus, Ms. Blizzard would have to show not only that she subjectively perceived the harassment to be sufficiently severe or pervasive to violate both the federal and state statutes, but also from an objective point of view that her perception was reasonable. Jennings v. Univ. of North Carolina, 482 F.3d 686, 695 (4th Cir.), cert. denied, 552 U.S. 887, 128 S.Ct. 247, 169 L.Ed.2d 147 (2007); Id. We are satisfied that the testimonial evidence concerning the constancy of the crude, sexually laden remar...
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