Hunton Employment & Labor Perspectives

A Virginia federal court last week dismissed a plaintiff’s hostile work environment claims because the plaintiff failed to check the “continuing action” box or specifically mention “harassment” or “hostile work environment” in her EEOC charge.

In Waffle House v. Cathie Williams, the Texas Supreme Court on June 11, 2010, rejected the idea that a plaintiff who prevailed on a sexual harassment claim under §21.0015 of the Texas Labor Code could instead opt to recover damages under a more generous common law scheme. The Court held that plaintiff could only recover under the Texas Commission on Human Rights Act (TCHRA).

In a decision issued last week, the U.S. Court of Appeals for the 11th Circuit held that gender-derogatory words and conduct that are either severe or pervasive may state a claim of a hostile work environment, even when the words at issue are not directed specifically at the plaintiff. Reeves v. C.H. Robinson Worldwide Inc., 11th Cir. (en banc), No. 07-10270, January 20, 2010.