Babb v. Secretary, Department of Veterans Affairs, No. 16-16492 (11th Cir. 2021)Annotate this Case
On remand from the Supreme Court, the Eleventh Circuit reversed and remanded on plaintiff's age discrimination and gender discrimination claims, affirming the Title VII retaliation and hostile work environment claims. Plaintiff sought rehearing, arguing that the Supreme Court's decision in her case also undermined the court's Trask-based rejection of her Title VII retaliation claim and that an intervening 11th Circuit decision, Monaghan v. Worldpay US, Inc., 955 F.3d 855 (11th Cir. 2020), gutted the precedent on which the court had relied in rejecting her hostile work environment claim.
The Eleventh Circuit held that the Supreme Court's decision in plaintiff's case undermined Trask v. Secretary, Department of Veterans Affairs, 822 F.3d 1179 (11th Cir. 2016), to the point of abrogation and that the standard that the Court articulated there now controls cases arising under Title VII's nearly identical text. The court also held that Monaghan clarified the court's law governing what the court called "retaliatory-hostile-work-environment" claims, and that the standard for such claims is, as the court said there, the less onerous "might have dissuaded a reasonable worker" test articulated in Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006), and Crawford v. Carroll, 529 F.3d 961 (11th Cir. 2008), rather than the more stringent "severe or pervasive" test found in Gowski v. Peake, 682 F.3d 1299 (11th Cir. 2012). Accordingly, the court vacated the district court's grant of summary judgment on plaintiff's Title VII retaliation and hostile work environment claims and remanded for the district court to consider those claims under the proper standards.
This opinion or order relates to an opinion or order originally issued on July 16, 2018.