United States Second Circuit
Redd v. New York State Division of Parole, 10-1410
The judgment of the district court is vacated to the extent that it dismissed the plaintiff's hostile work environment claim of sexual harassment, and the matter is remanded for further proceedings on that claim, where: 1) a factfinder crediting the plaintiff's version of the events could permissibly infer that a female supervisor's repeated touching of the plaintiff's breasts constituted discrimination against Redd because of her sex in violation of Title VII; and 2) to the extent that an affirmative defense relieving the defendant employer from liability for the actions of it employee was available, the record suggested that there were factual issues to be tried.
Appellate Information
- Decided 05/04/2012
- Published 05/04/2012
Judges
- Kearse
Court
- United States Second Circuit
Counsel
- For Appellant:
- Maia Goodell, Laura R. Johnson