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Paroline v. Unisys Corp.

United States Court of Appeals, Fourth Circuit
Mar 30, 1990
900 F.2d 27 (4th Cir. 1990)

Summary

holding that the proper inquiry is whether the individual defendant served in a supervisory position in which he exercised "significant control over the plaintiff's hiring, firing or conditions of employment;" and, if not, whether employer had actual or constructive knowledge of the existence of a hostile work environment and took no prompt and adequate remedial steps

Summary of this case from Faragher v. City of Boca Raton

Opinion

No. 88-1319.

Argued December 4, 1989.

Decided March 30, 1990.

Bruce Allan Frederickson, Webster Frederickson, Washington, D.C. (Susan L. Brackshaw, Webster Frederickson, Washington, D.C., Victor M. Glasberg, Alexandria, Va., on brief), for plaintiff-appellant.

Thomas R. Bagby, Epstein, Becker Green, P.C., Washington, D.C. (Ronald M. Green, Epstein, Becker Green, P.C., Washington, D.C., Donald G. Kaas, Unisys Corp., Blue Bell, Pa., on brief), for defendants-appellees.

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

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, CHAPMAN, WILKINSON, and WILKINS, Circuit Judges, sitting en banc.


On January 21, 1988, appellant Elizabeth M. Paroline filed suit against appellee Unisys Corporation and its employee Edgar L. Moore, charging them with sexual harassment in the workplace and constructive discharge under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. In addition, she brought pendent state law claims against both defendants for intentional infliction of emotional distress, as well as a claim against Moore for assault and battery and a claim against Unisys for negligent failure to warn and reckless endangerment. The district court granted summary judgment for defendants on all claims except the one for assault and battery, which was voluntarily dismissed.

On appeal, a panel of this court reversed the district court in large part. Paroline v. Unisys Corp., 879 F.2d 100 (4th Cir. 1989). The panel ruled that summary judgment was inappropriate on the Title VII claims because genuine issues of material fact existed concerning whether Moore was an "employer" within the meaning of the statute, whether Moore's harassment was sufficiently severe or pervasive to create a hostile work environment, and whether Paroline's work conditions were so intolerable as to make her resignation a constructive discharge. On the state law claims, the panel held that the district court erred in granting summary judgment against Paroline on her claims against Unisys for negligent failure to warn and reckless endangerment, and remanded those claims for clarification. Finally, the panel affirmed the grant of summary judgment on the intentional infliction of emotional distress ground.

We now vacate that portion of the panel's decision concerning constructive discharge, discussed in section IV of the panel's opinion, 879 F.2d at 108-10, and affirm the district court's grant of summary judgment on that point in favor of Unisys. We do so for reasons set forth in the dissent from the panel opinion, 879 F.2d at 113-15 (Wilkinson, J.).

Because Unisys took issue only with the panel's holding in section IV on constructive discharge, the remainder of Judge Murnaghan's opinion for the panel continues in effect.

The judgment is affirmed in part and reversed in part, and the case is remanded for further proceedings in accordance with this opinion.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.


For the reasons set forth in the opinion I authored for the panel majority, I dissent.

I am authorized to state that Chief Judge ERVIN, Judge HALL, and Judge PHILLIPS join in this dissent.


Summaries of

Paroline v. Unisys Corp.

United States Court of Appeals, Fourth Circuit
Mar 30, 1990
900 F.2d 27 (4th Cir. 1990)

holding that the proper inquiry is whether the individual defendant served in a supervisory position in which he exercised "significant control over the plaintiff's hiring, firing or conditions of employment;" and, if not, whether employer had actual or constructive knowledge of the existence of a hostile work environment and took no prompt and adequate remedial steps

Summary of this case from Faragher v. City of Boca Raton

holding that individuals may be held liable for Title VII violations as "employers" as long as the individual "serves in a supervisory position and exercises significant control over the plaintiff's hiring, firing or conditions of employment," but failing to discern between individuals being sued in an individual versus official capacity

Summary of this case from Pouncey v. Guilford Cnty.

holding a supervisor personally liable for sexual harassment when he served in a supervisory position and exercised significant control over plaintiff's hiring, firing, or conditions of employment

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holding an individual supervisor personally liable in a sexual harassment lawsuit

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holding that an employer's agent may be subject to individual liability under Title VII if evidence establishes that the company's management acquiesced in the agent's exercise of supervisory authority

Summary of this case from Alberte v. Anew Health Care Services, Inc.

upholding a grant of summary judgment against a claim of intentional infliction of emotional distress, while reversing a grant of summary judgment against a claim for sexual harassment on the same facts

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adopting Paroline v. Unisys Corp., 879 F.2d 100, 113-15 (4th Cir. 1989) (Wilkinson, J., dissenting)

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adopting panel dissenting opinion

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adopting panel dissenting opinion

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adopting panel dissent's reasoning on constructive discharge issue

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adopting the dissent from the panel opinion

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adopting panel dissenting opinion

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adopting panel dissenting opinion

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adopting panel dissenting opinion

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adopting panel dissent's reasoning on constructive discharge issue

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reversing the constructive discharge claim for the reasons stated in the original dissent

Summary of this case from Lane v. Cummins Inc.

reversing grant of summary judgment to employer where harassment included unwanted sexual touchings and innuendo and an assault and battery; and noting that employer had obligation to prevent plaintiff and harasser from coming into contact

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noting that agent "need not have ultimate authority to hire or fire to qualify as an employer, as long as he or she has significant input into such personnel decisions"

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imputing liability to employer who reasonably should have anticipated that the plaintiff would be the victim of sexual harassment by a particular male employee

Summary of this case from Hirase-Doi v. U.S. West Communications, Inc.

imputing liability to employer who reasonably should have anticipated that the plaintiff would be the victim of sexual harassment by a particular male employee

Summary of this case from McGuire v. State of Kansas

interpreting Title VII and declaring that an individual qualifies as an employer "if he or she serves in a supervisory position and exercises significant control over the plaintiff's hiring, firing or conditions of employment"

Summary of this case from White v. CMA Construction Co.
Case details for

Paroline v. Unisys Corp.

Case Details

Full title:ELIZABETH M. PAROLINE, PLAINTIFF-APPELLANT v. UNISYS CORPORATION; EDGAR L…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 30, 1990

Citations

900 F.2d 27 (4th Cir. 1990)

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