United States First Circuit

In an action raising claims of a hostile work environment and retaliation in violation of Title VII and state law, summary judgment for defendants is vacated in part where the district court erred in ruling, as a matter of law, that: 1) town administrator's alleged staring at plaintiff's breasts did not make her workplace atmosphere hostile; 2) plaintiff's transfer to another secretarial position within the town, among other things, after she complained of the administrator's behavior did not amount to a materially adverse employment action; and 3) those actions were not motivated by retaliatory animus.

Appellate Information

• Decided 02/07/2008
• Published 02/07/2008

Judges

• HOWARD, Circuit Judge., Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Richard A. Mulhearn, with whom Law Offices of Richard A. Mulhearn, P.C. was on brief, for appellant.


• For Appellees:
  
• Richard C. Van Nostrand, with whom David K. McCay and Mirick, O'Connell, DeMallie & Lougee, LLP were on brief, for appellee.