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United States Fourth Circuit

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Boyer-Liberto v. Fontainebleau Corp., 13-1473

In an action alleging discrimination and hostile work environment in violation of both the Title VII of the Civil Rights Act of 1964 and 42 U.S.C. section 1981, summary judgment to defendants is vacated where: 1) under Faragher v. City of Boca Raton, 524 U.S. 775 (1998), an isolated incident of harassment, if extremely serious, can create a hostile work environment; 2) an employee is protected from retaliation when she reports an isolated incident of harassment that is physically threatening or humiliating, even if a hostile work environment is not engendered by that incident alone; and 3) to the extent this decision is in conflict with Jordan v. Alternative Resources Corp., 458 F.3d 332 (4th Cir. 2006), Jordan is hereby overruled.

Appellate Information

  • Decided 05/07/2015
  • Published 05/07/2015


  • King


  • United States Fourth Circuit


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