United States Second Circuit

In an action claiming that defendants maintained a hostile working environment at the garage where plaintiff was employed, summary judgment for defendant is vacated where: 1) plaintiff offered sufficient evidence to allow a trier of fact to find that the alleged abuse was indeed sex-based; and 2) a rational juror could find that the gender-based conduct in question was "sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment."

Appellate Information

• Decided 08/13/2010
• Published 08/13/2010

Judges

• Ralph K. Winter

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Stephen Bergstein, Carla A. Walworth