Moody v. Atlantic City Board of Education, No. 16-4373 (3d Cir. 2017)Annotate this Case
Moody, a substitute custodian, sued the Atlantic City Board of Education for sexual harassment and retaliation under Title VII, 42 U.S.C. 2000e-2(a)(1), 3(a), and the New Jersey Law Against Discrimination. The district court rejected the claims on summary judgment, finding that the alleged harasser, Marshall, was not Moody’s supervisor. Marshall was the custodial foreman at one of the district schools and had authority to select which substitute custodians worked at the school. Moody was not guaranteed work and worked only when selected by a foreman; Marshall controlled 70% of her hours. The Third Circuit vacated. Marshall was empowered to determine whether Moody worked at a particular school, which had a direct impact on her pay, and the evidence indicated that no one else provided supervision at that school. In addition, there were disputed facts concerning whether Moody sustained a tangible employment action.