Strauss, Factor, Laing & Lyons Strauss, Factor, Laing & Lyons
Contact us Today to Schedule your initial consultation
Finding creative solutions to complex Legal problems
401-456-0700 open menu

Posts tagged "Faragher/Ellerth"

First Circuit Clarifies Standards of Proof for Sex Discrimination and Sexual Harassment Claims

The First Circuit Court of Appeals has issued a comprehensive opinion clarifying many legal issues in sex discrimination claims, including (1) whether a plaintiff can prove discrimination by circumstantial evidence alone; (2) whether a reduction of job responsibilities that does not involve a reduction in salary constitutes an adverse employment action; (3) whether a plaintiff can prove sex discrimination without evidence of sexist slurs; (4) whether a plaintiff can prove sexual harassment without evidence of sexual comments or actions; (5) whether a plaintiff can prove discrimination or harassment without showing that it was both severe and pervasive; and (6) whether a plaintiff can defeat summary judgment on a Faragher/Ellerth defense by showing that she feared retaliation if she complained about the discrimination . Burns v. Johnson, 829 F.3d 1 (1st Cir. 2016). The First Circuit answered all the questions in the affirmative.