Perkins v. International Paper Co., No. 18-1507 (4th Cir. 2019)Annotate this Case
The Fourth Circuit affirmed the district court's grant of summary judgment for IPC in plaintiff's action under Title VII of the Civil Rights Act of 1965, alleging race-based discrimination claims.
In regard to the disparate treatment claim, the court held that plaintiff's claims of disparate treatment for being denied positions, overtime, additional educational benefits and training were time-barred. As for plaintiff's timely claim that he was denied annual reviews, the court held that plaintiff offered no evidence demonstrating IPC's failure to give him annual reviews affected the terms, benefits and conditions of his employment. Furthermore, even if hostile treatment could qualify as an adverse employment action, plaintiff's claim that the hostile treatment he received at IPC constitutes an adverse employment action would fail as a matter of law. In regard to the race-based hostile work environment claim, the court held that the totality of the circumstances did not sufficiently demonstrate a severe or pervasive hostile work environment. Finally, plaintiff failed to create a genuine issue of material fact as to his constructive discharge claim.