Whether a retaliatory hostile work environment (co-worker retaliatory harassment) is actionable as an adverse action under Title VII's anti-retaliation provision.

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

• Joined by · 4th Cir.Von Gunten v. Maryland243 F.3d 858
• Joined by · 9th Cir.Ray v. Henderson217 F.3d 1234
• Joined byMorris201 F.3d 791
• Joined by · 2d Cir.Richardson v. N.Y. State Dep't of Corr. Serv.180 F.3d 426
• Joined by · 10th Cir.Gunnell v. Utah Valley State Coll.152 F.3d 1253
• Joined by · 11th Cir.Wideman v. Wal-Mart Stores, Inc.141 F.3d 1453
• Joined by · 7th Cir.Knox v. Indiana93 F.3d 1327
• On the other side · 5th Cir.Mattern v. Eastman Kodak Co.104 F.3d 702
• On the other side · 8th Cir.Ledergerber v. Stangler122 F.3d 1142

  “Stangler, 122 F.3d 1142 , 1144 (8th Cir.1997), but defines that term somewhat more elastically, see, e.g., Scusa v.” — Noviello v. City of Boston, acknowledging the split

• Discussed · 8th Cir.Scusa v. Nestle U.S.A. Co.181 F.3d 958
• Discussed · 1st Cir.Wyatt v. City of Boston35 F.3d 13

  “City of Boston, 35 F.3d 13 (1st Cir.1994) (per cu-riam), where, in dictum, we cited a treatise for the proposition that “toleration of harassment by other employees” might amount to an adverse employment action.” — Noviello v. City of Boston, acknowledging the split

• Discussed · 1st Cir.Hernandez-Torres v. Intercontinental Trading, Inc.158 F.3d 43
• Discussed · 1st Cir.White v. New Hampshire Department of Corrections221 F.3d 254

  “New Hampshire Department of Corrections, 221 F.3d 254 , 262 (1st Cir.2000), we noted the Hernandez-Torres paraphrase with approbation; in Marrero v.” — Noviello v. City of Boston, acknowledging the split

• Discussed · 1st Cir.Marrero v. Goya of Puerto Rico, Inc.304 F.3d 7

  “Goya of Puerto Rico, Inc., 304 F.3d 7 , 26 (1st Cir.2002), we approvingly cited White’s reference; and in Che v.” — Noviello v. City of Boston, acknowledging the split

What the split turns on

Statutes:

42 U.S.C. § 2000e-3(a)

Doctrines & tests:

ultimate employment decision ·

adverse employment action ·

hostile work environment