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Posts tagged "Summary Judgment"

Hoyle v. Freightliner, LLC, No. 09-2024 (4th Cir. Apr. 1, 2011)

From the Fourth Circuit, here's a decision reminding district courts that the summary judgment standard allows all employment discrimination cases - the weak with the strong - to go to trial, provided that there are genuine issues of material fact for a jury or bench trial to resolve. Here, the panel finds that the district court read too much into the Fourth Circuit's Title VII precedent on sex harassment, and that the degree of severe-or-pervasive behavior is quite often a fact issue suited to a trial. (And the plaintiff, helpfully, got an assist here from the Appellate Division of the EEOC as amicus.)

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