Hostile Work Environments

Equal Employment Opportunity Commission vs. Xerxes Corporation

Fourth Circuit Court of Appeals, EEOC vs. Xerxes Corporation, no. 10-1156, April 26, 2011. Appeals court review of district court summary judgment as it pertains to a charge of a "hostile work environment on the basis of race." The case examines whether the Equal Employment Opportunity Commission provided sufficient evidence to meet the evidence standards, under Title VII of Equal Employment Opportunity, that a jury would find harassment based upon four key questions (2011, p. 16):

Harassment is unwelcome.

Harassment is based upon race.

Harassment was pervasive or sufficiently severe to alter the conditions for employment and create an abusive atmosphere.

Basis for imposing liability.

The district court initially granted a summary judgment in favor of Xerxes Corporation, that the firm operated with adequate procedures and policies to curtail harassment. Furthermore, management responded with disciplinary action where applicable and retraining...
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