United States First Circuit

Summary judgment for defendants is: 1) affirmed on the retaliation claim because plaintiff failed to make a prima facie case; 2) affirmed on the constructive discharge claim, where the transfer within the department and slight commuting inconveniences and costs, was not so intolerable that a reasonable person in plaintiff's place would feel forced to resign as opposed to stay on the job while seeking redress ; and 3) vacated and remanded on the Title VII sexual harassment and state law claims where a reasonable jury could conclude that plaintiff was subject to a hostile work environment, and plaintiff submitted sufficient evidence of a trial-worthy claim that defendant-supervisor used plaintiff's reaction to unwelcome harassment as a basis for decisions that affected the terms of her employment.

Appellate Information

• Decided 01/28/2013
• Published 01/28/2013

Judges

• THOMPSON

Court

• United States First Circuit

Counsel