United States Third Circuit

In employment discrimination suit, judgment for defendant is: 1) affirmed with respect to the motion to dismiss the retaliation claim because plaintiff failed to exhaust remedies; 2) affirmed as to the summary judgment on the Pennsylvania Human Relations Act claims that are time barred, and the Title VII sex discrimination claims; 3) reversed and remanded on the Title VII hostile work environment and constructive discharge claims because plaintiff can proceed on the continuing violation theory; 4) affirmed as to the district court’s exclusion of deposition testimony of two former employees of M&Q Plastic Products, Inc. because they were employees of defendant's parent company; 5) reversed as to the district court’s exclusion of three incidents which were included in the EEOC Charge but not in plaintiff's testimony; and 6) affirmed where a jury could reasonably conclude that plaintiff did not invite these comments or conduct and that, despite her own conduct, was offended by them.

Appellate Information

• Decided 01/14/2013
• Published 01/14/2013

Judges

• ROTH

Court

• United States Third Circuit

Counsel