From Casetext: Smarter Legal Research

Garber v. Saxon Business Products, Inc.

United States Court of Appeals, Fourth Circuit
Feb 14, 1977
552 F.2d 1032 (4th Cir. 1977)

Summary

finding that employers violate Title VII by permitting male supervisors to demand sexual favors from female employees

Summary of this case from Scannell v. Bel Air Police Department

Opinion

No. 76-1610.

Argued January 13, 1977.

Decided February 14, 1977.

Elaine C. Major, Arlington, Va., for appellant.

Hill B. Wellford, Jr., Richmond, Va. (Francis V. Lowden, Jr., Christine H. Perdue, Hunton Williams, Richmond, Va., on brief), for appellee.

Appeal from the United States District Court for the Eastern District of Virginia.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.


The district court, without granting leave to amend, dismissed the plaintiff's complaint in which she alleged that she had been discharged for rebuffing the sexual advances of her male supervisor, in violation of Title VII of the Civil Rights Act of 1964, on the ground that the complaint failed to allege a good cause of action. We disagree. We think that the complaint and its exhibits, liberally construed, allege an employer policy or acquiescence in a practice of compelling female employees to submit to the sexual advances of their male supervisors in violation of Title VII. The judgment of dismissal must be reversed and the case remanded for further proceedings.

REVERSED AND REMANDED.


Summaries of

Garber v. Saxon Business Products, Inc.

United States Court of Appeals, Fourth Circuit
Feb 14, 1977
552 F.2d 1032 (4th Cir. 1977)

finding that employers violate Title VII by permitting male supervisors to demand sexual favors from female employees

Summary of this case from Scannell v. Bel Air Police Department

finding that employers violate Title VII by permitting male supervisors to demand sexual favors from female employees

Summary of this case from Mentch v. Eastern Savings Bank, FSB

reversing a district court's decision to dismiss a complaint where the plaintiff alleged, among other things, that her male supervisor fired her for rebuffing sexual advances

Summary of this case from Briggs v. Waters

reversing lower court's dismissal for failure to state a claim

Summary of this case from Ferguson v. E.I. duPont de Nemours & Co.

In Garber v. Saxon Business Products, Inc., 552 F.2d 1032 (4th Cir. 1977), we recognized that "an employer policy or acquiescence in a practice" of sexual harassment can constitute a violation of Title VII.

Summary of this case from Katz v. Dole
Case details for

Garber v. Saxon Business Products, Inc.

Case Details

Full title:DARLA JEANNE GARBER, APPELLANT v. SAXON BUSINESS PRODUCTS, INC., APPELLEE

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 14, 1977

Citations

552 F.2d 1032 (4th Cir. 1977)

Citing Cases

Fisher v. Flynn

Much of plaintiff's argument was directed at establishing that such conduct violates Title VII and/or 42…

Yancey v. Nat. Center on Institutions Alts.

Yancey has not established a prima facie case of hostile environment sex harassment because she has not shown…