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Equal Opportunity Harasser’s use of female-specific slurs and remarks can support claim of hostile work environment
  • Ogletree Deakins
  • USA
  • July 7 2010

The 4th U.S. Circuit Court of Appeals has determined that an alleged harasser who makes gender-specific slurs and comments can create a hostile work environment for a female employee, even though the harasser is an “Equal Opportunity Harasser” who makes sexually offensive remarks to “anybody, any time.”

Medical intern unable to perform the essential functions of a first-year resident cannot support ADA claim
  • Ogletree Deakins
  • USA
  • April 2 2010

A medical intern who misdiagnosed patients (including mistakenly identifying a patient as deceased), prescribed inappropriate medications or incorrect dosages, and who was “extremely argumentative” with his supervisors and co-workers was unable to perform the essential functions of his job and therefore, according to the 4th U.S. Circuit Court of Appeals, was not a qualified individual with a disability for purposes of the Americans with Disabilities Act.