Dulaney v. Packaging Corp. of America, et al., No. 10-2316 (4th Cir. 2012)Annotate this Case
This appeal arose out of the district court's grant of summary judgment in favor of PCA on plaintiff's claims of sexual harassment in violation of Title VII. Because the court found that there were genuine issues of fact as to whether PCA took "tangible employment action" against plaintiff, the court reached neither the question of whether the district court erred by not determining whether Bobby Mills was a supervisor nor the question of whether the district court correctly applied the Faragher-Ellerth defense test. The court also held that there was uncertainty about whether there was a nexus between the harassment and plaintiff's alleged termination. Accordingly, the court vacated and remanded.