Williams v. CSX Transp. Co., Inc., No. 09-5564 (6th Cir. 2011)
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Plaintiff, the only female and the only African-American employee in a small office, alleged a sexually and racially hostile environment under the Civil Rights Act of 1964, 42 U.S.C. 2000e. The district court found that plaintiff failed to file a document that meets the test for a "charge" with the Equal Employment Opportunity Commission on her claim of a sexually hostile work environment and, therefore, failed to exhaust her administrative remedies. The Sixth Circuit reversed in part, holding that plaintiff's first EEOC filing, a "Charge Information Form," satisfied the elements of a charge. Affirming rejection of the charge of racially hostile environment, the court stated that, although despicable, alleged racist statements are not sufficiently "severe" or "pervasive" standing alone to create a jury question.
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