Smelter v. Southern Home Care Services Inc.

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Plaintiff filed suit against Southern Home under Title VII and 42 U.S.C. 1981, asserting claims for discriminatory termination, hostile work environment, and retaliation. The Eleventh Circuit held that plaintiff's discriminatory termination and retaliation claims failed as a matter of law because she provided insufficient evidence of pretext in response to Southern Home's legitimate, nondiscriminatory reasons for terminating her.The court held, however, that plaintiff offered sufficient evidence to create a genuine issue of material fact that the harassment plaintiff suffered was severe or pervasive to alter the terms or conditions of her employment. The court also held that plaintiff offered sufficient evidence to create a genuine issue of material fact that Southern Home had actual notice of the hostile work environment. Accordingly, the court affirmed in part, reversed in part, and remanded. View "Smelter v. Southern Home Care Services Inc." on Justia Law