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Summary Judgment Obtained in Sexual Harassment Case; 11th Circuit Affirms

A former employee of our client sued for sexual harassment and constructive discharge alleging violations of Title VII and Georgia state common law. We filed a motion for summary judgment in federal court in Georgia which the court granted, finding that the alleged physical and verbal misconduct was not severe or pervasive or was at least partially welcomed. The court further held that even if the conduct was severe or pervasive, the plaintiff failed to provide the company with adequate time to remedy the situation, since the first notice provided of the harassment was the plaintiff’s counsel’s “demand” letter. Finally, the court maintained that once notice was provided, the company's actions were appropriate and lawful, negating the plaintiff’s constructive discharge claim. The plaintiff appealed but the 11th Circuit affirmed.

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