In a Title VII action by the EEOC claiming that defendant subjected an employee to a hostile work environment based on her gender and race, summary judgment for defendant is reversed where the evidence, viewed in the light most favorable to the EEOC, would allow a reasonable jury to conclude that the harassment was: 1) unwelcome; 2) based on plaintiff's gender or race; 3) sufficiently severe or pervasive to alter the conditions of her employment and create an abusive atmosphere; and 4) imputable to defendant.
Argued: March 27, 2009
Decided: July 21, 2009
Opinion by Judge Shedd
Daniel Travis Vail, U.S. Equal Employment Opportunity Commission, Washington, DC,