United States Fourth Circuit

In a Title VII action by the EEOC claiming that defendant subjected an employee to a hostile work environment based on her gender and race, summary judgment for defendant is reversed where the evidence, viewed in the light most favorable to the EEOC, would allow a reasonable jury to conclude that the harassment was: 1) unwelcome; 2) based on plaintiff's gender or race; 3) sufficiently severe or pervasive to alter the conditions of her employment and create an abusive atmosphere; and 4) imputable to defendant.

Appellate Information

• Decided 07/21/2009
• Published 07/21/2009

Judges

• Before:  WILLIAMS, Chief Judge, and SHEDD and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Daniel Travis Vail, U.S. Equal Employment Opportunity Commission, Washington, D.C., for Equal Employment Opportunity Commission.   Fred Saul Sommer, Shulman, Rogers, Gandal, Pordy & Ecker, PA, Rockville, Maryland, for Central Wholesalers, Incorporated.   ON BRIEF:  Ronald S. Cooper, General Counsel, Vincent J. Blackwood, Acting Associate General Counsel, Carolyn L. Wheeler, Acting Associate General Counsel, Lorraine C. Davis, Assistant General Counsel, U.S. Equal Employment Opportunity Commission, Washington, D.C., for Equal Employment Opportunity Commission.   Meredith S. Campbell, Shulman, Rogers, Gandal, Pordy & Ecker, PA, Rockville, Maryland, for Central Wholesalers, Incorporated.