Employee Produced Adequate Evidence That Alleged Sexual Harassment Was Sufficiently "Severe Or Pervasive" To Be Actionable Under Title VII
Aryain sued the employer, asserting Title VII claims for sexual harassment and retaliation. The trial court granted summary judgment in favor of the employer. The 5th Circuit affirmed as to retaliation claim, but reversed as to the sexual harassment claim. The court concluded that the employer could avail itself of the Ellerth/Faragher affirmative defense, because Aryain wasn't constructively discharged and hence did not suffer a "tangible employment action" in conjunction with her sexual harassment claim. The court also concluded, however, that Aryain produced adequate evidence that the alleged sexually harassing conduct was sufficiently "severe or pervasive" to constitute sexual harassment, and there existed a genuine issue of fact as to whether the employer established the Ellerth/Faragher affirmative defense. The court determined that Aryain's retaliation claim failed for lack of evidence of pretext.
Aryain v. Wal-Mart Stores Texas
The 5th Circuit Court of Appeals’ jurisdiction includes Louisiana, Texas and Mississippi.
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