Justice Delayed... Not Justice Denied (For a Change)!

Finally! Today, at long last, almost two full years after we filed an amicus brief on behalf of NWLC and 15 other organizations the U.S. Court of Appeals for the Fourth Circuit issued its decision in Harris v. Baltimore, a Title VII sexual harassment case filed by a female electrician working for the City of Baltimore. The court’s opinion is posted here, and our amicus brief can be found here.

Thankfully, the news is good. The Fourth Circuit Court of Appeals did the right thing and reversed the district court's grant of summary judgment on Harris' sexual harassment claim. The court held that in light of the circumstances, a jury could reasonably conclude that Harris was subject to a hostile environment based on her sex in violation of Title VII, so her case should be allowed to proceed. The court rightly held that the barrage of images of scantily clad women, the offensive and misogynistic language, and the hostile treatment to which Harris was repeatedly subjected at work support a finding that the harassment was severe or pervasive enough to alter the conditions of Harris' employment and create an abusive work environment. The Court correctly noted that to rule otherwise and affirm the lower court's decision in favor of the City of Baltimore on this claim, it would have to weigh the credibility of Harris' evidence, which is the jury's job at trial — not an appropriate role for a court of appeals (nor for a district court considering a motion for summary judgment). The case will now go back to the district court where Harris can pursue her sexual harassment claim and finally get her day in court.