hostile work environment

Procedure Matters: Fourth Circuit Holds 180-Day Waiting Period for Federal Employees to File Suit is Not Jurisdictional

In a published opinion on January 8, 2019, the Fourth Circuit concluded that Section 2000e-16(c), which applies to federal government workers, is not a jurisdictional requirement. The 180-day waiting period is instead a prudential prerequisite to suit. Because of the Court’s holding, employers will need to use Rule 12(b)(6) when claiming that the plaintiff failed to wait the required 180 days.

This case, Stewart v. Iancu, 17-1815, 2019 WL 122868 (4th Cir. Jan. 8, 2019), involved a federal employee alleging, among other things, disability discrimination, retaliation, and hostile work environment under the Rehabilitation Act and Title VII. The panel, consisting of Chief Judge Gregory and Judges Wynn and Motz, reversed the District Court and remanded for further proceedings.

Fourth Circuit Update

Labor & Employment Law

By Sean F. Herrmann

The Fourth Circuit has been relatively quiet on the labor and employment front. But on October 19, 2018, through an unpublished per curium opinion, it affirmed summary judgment in an employment case — Nzabandora v. Rectors and Visitors of the University of Virginia; Commonwealth of Virginia, No. 17-2350 (4th Cir. Oct. 19, 2018). So let’s take a look at it.

The plaintiff appealed the U.S. District Court for the Western District of Virginia’s dismissal of her disparate treatment (race), retaliation, and hostile work environment Title VII claims. The plaintiff also brought a race discrimination claim under 42 U.S.C. § 1981, but she did not argue it on appeal, so she waived it. The Court also found that she waived her retaliation claim by not briefing pretext.

Fourth Circuit Reaffirms Scope of Retaliation Protections in Title VII Opinion

Labor & Employment Law

By Andrew Henson

In the recent opinion Strothers v. City of Laurel, Maryland, 895 F.3d 317, (4th Cir. 2018), the Fourth Circuit gave further articulation to the type of facts which can permit a retaliation claim under Title VII to survive summary judgment, particularly what can pass under the “severe or pervasive” prong of a complaint of hostile work environment which caused the subsequent retaliation. In that case, Strothers, a black woman, was hired as an administrative assistant to work for the City of Laurel, Maryland. Soon after her hiring, Strothers found herself subjected to meticulous scrutiny by Koubek, her white supervisor, who chided her about aspects of the dress code (including an allegation that she grabbed at Strothers’ pants), required reporting of bathroom breaks, and changed the time that Strothers needed to report to work from 9:05 a.m. to 8:55 a.m. and reported on Strothers for minor instances of tardiness. After Strothers made a complaint about the foregoing “harassment” she received from Koubek, she was terminated the following day.

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