From the May 2010 issue of InsideCounsel Magazine • Subscribe!

Sex Harassment Decision Describes an "Animal House" Atmosphere

In the 2nd Circuit's recent ruling in Gorzynski v. JetBlue, the court dedicated more than seven pages to explicitly detailing Diane Gorzynski's harassment and age discrimination allegations against her former employer. The court remanded the case, finding that the lower court erred in dismissing the case based on the fact that the plaintiff only complained about the harassment to her supervisor, who was the harasser.

Experts caution not to read too much into Gorzynski's claims or categorically accept them as true. Because the judges were deciding whether to uphold summary judgment, they had to look at all evidence in the light most favorable to the plaintiff. At trial, the nature of the facts could very well change.

Still, the extensive description of complaints turns chunks of the 31-page ruling into an unusually dramatic story. The entire Gorzynski v. JetBlue decision is available for download.

The document describes a workplace--at JetBlue, a well-known brand--with what Wrobel and Schatz Partner Phil Schatz calls "kind of an 'Animal House' atmosphere."

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