EEOC v. Fairbrook Med. Clinic – Summary

TITLE VII

EEOC v. Fairbrook Med. Clinic , No. 09-1610 (4th Cir. June 18, 2010)

The United States Court of Appeals for the Fourth Circuit reversed a district court’s award of summary judgment in favor of a medical clinic, finding that there were triable issues of fact with respect to each element of a hostile work environment claim brought against the medical clinic.

In this case, a female physician alleged that she was sexually harassed by a male physician at the medical clinic where she was employed because he frequently made sexually graphic and personal remarks to her. She filed a complaint with the EEOC, which then brought this suit on her behalf. The court found that a jury could conclude that remarks made by the male physician were based on sex, as required for a hostile work environment claim, and were severe or pervasive enough to create a hostile work environment. The court also found that there was a genuine issue of material fact, precluding summary judgment, as to whether the conduct of the male physician, who was the sole owner of the clinic, was imputable to the clinic.