Legal Opinion

Kymberli Gardner v. CLC of Pascagoula, L.L.C.

Court of Appeals for the Fifth Circuit

Decided February 6, 2019No. 17-60072PublishedCited by 58 opinions

1Opinion of the Court

GREGG COSTA, Circuit Judge:

The opinion previously issued in this case is withdrawn, and the following opinion is substituted in its place.

Claims of sexual harassment typically involve the behavior of fellow employees. But not always. Because the ultimate focus of Title VII liability is on the employer's conduct-unless a supervisor is *322 the harasser, a plaintiff needs to show that the employer knew or should have known about the hostile work environment yet allowed it to persist, see Vance v. Ball State Univ. , 570 U.S. 421 , 427, 133 S.Ct. 2434 , 186 L.Ed.2d 565 (2013) (citing Faragher v. City…

2Cases cited20 opinions

  1. Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
  2. Faragher v. City of Boca RatonSupreme Court of the United States · 1998
  3. Meritor Savings Bank, FSB v. VinsonSupreme Court of the United States · 1986
  4. Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
  5. Turner v. Baylor Richardson Medical CenterCourt of Appeals for the Fifth Circuit · 2007

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3Cited by58 opinions

  1. Maria Jordan v. City of Houston, TexasCourt of Appeals for the Fifth Circuit · 2020
  2. Bye v. MGM ResortsCourt of Appeals for the Fifth Circuit · 2022
  3. EEOC v. Village at Hamilton Pointe LLCCourt of Appeals for the Seventh Circuit · 2024
  4. Brandon v. Woodspring Suites Shreveport-Bossier City L L CDistrict Court, W.D. Louisiana · 2020
  5. Bye v. MGM Resorts International, Inc.District Court, S.D. Mississippi · 2021

53 more not listed; retrieve them via the Exa API.

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