The 10th Circuit Court of Appeals revived a former Walmart employee’s hostile work environment claims based on sexual orientation, finding that the federal district court improperly excluded or discounted evidence when evaluating whether the alleged harassment was sufficiently severe or pervasive.
The plaintiff, Robert Sharpe-Miller, alleged that coworkers and supervisors subjected him to homophobic comments and other discriminatory conduct while he worked at a Walmart distribution center in New Mexico. The district court granted summary judgment to Walmart, concluding that much of the alleged conduct could not be considered because Sharpe-Miller could not identify the individuals responsible or because some incidents were not directed specifically at him.
On appeal, the 10th Circuit held that courts evaluating hostile work environment claims must consider the totality of the circumstances, including harassment by unidentified coworkers, discriminatory conduct directed at members of the plaintiff’s protected group and employment actions that may contribute to an allegedly hostile environment. The court reversed the grant of summary judgment on Sharpe-Miller’s hostile work environment claims under Title VII and the New Mexico Human Rights Act and remanded those claims for further proceedings. The court affirmed the district court’s rulings against Sharpe-Miller on his remaining discrimination and retaliation claims. Read the entire opinion.