Akwei v. Burwell

4 Citing cases

  1. U.S. Equal Emp't Opportunity Comm'n v. Caci Secured Transformations, LLC

    CIVIL NO. JKB-19-2693 (D. Md. May. 6, 2021)   Cited 1 times

    "[T]he ninth factor regarding the subjective intent of the parties 'ordinarily will be of minimal consequence.'" Akwei v. Burwell, Civ. No. DKC-15-1095, 2016 WL 3440125, at *5 (D. Md. June 23, 2016) (quoting Butler, 793 F.3d at 414 n.12). Notably, factor seven is "whether the individual's duties are akin to regular employee's duties."

  2. Membreno v. Atlanta Rest. Partners, LLC

    Civil Action No. 8:19-cv-00369-PX (D. Md. Jul. 23, 2019)   Cited 2 times

    Accordingly, Jackmont Hospitality exerted direct supervisory control over Membreno and other employees. Cf. Akwei v. Burwell, No. DKC 15-1095, 2016 WL 3440125, at *6 (D. Md. June 23, 2016) (finding day-to-day supervision where defendant "directed and coordinated" plaintiff's tasks, approved plaintiff's request for leave, and assessed plaintiff's job performance). Jackmont Hospitality also issued Membreno her last paycheck (ECF No. 21-1 ΒΆ 12), reflecting that Jackmont Hospitality exerted control, in whole or in part, over her compensation.

  3. Chowdhuri v. SGT, Inc.

    Civil Action No. PX 16-3135 (D. Md. Aug. 16, 2017)

    place, is valuable for determining how similar the work functions are compared to those of an ordinary employee.Id. at 414-15; see also Akwei v. Burwell, No. DKC 15-1095, 2016 WL 3440125, at *5 (D. Md. June 23, 2016). Applying the Butler factors to the amended complaint demonstrates that Cyberdata was Plaintiff's joint employer for purposes of Title VII liability.

  4. Atkins v. Burwell

    Civil No. JFM-15-2198 (D. Md. Aug. 17, 2016)   Cited 3 times

    But inappropriate behavior, without more, is insufficient to rise to the level necessary to demonstrate a hostile work environment sexual harassment claim. See Akwei v. Burwell, No. DKC-15-1095, 2016 WL 3440125, at *11 (D. Md. June 23, 2016) (isolated derogatory comments about an employee's accent were not sufficiently severe and pervasive); Freire v. Keystone Title Settlement Servs., Inc., No. AW-08-2976, 2009 WL 5217033, at *5 (D. Md. Dec. 30, 2009), aff'd, 389 F. App'x 306 (4th Cir. 2010) (compliments about plaintiff's breasts while hugging her and comments like "you look hot and sexy" were not sufficiently severe and pervasive); Sraver v. Surgical Monitoring Servs., Inc., No. CCB-05-1331, 2006 WL 2190727, at *1, *4 (D. Md. July 27, 2006) (sexually suggestive questions and derogatory sexual remarks such as "You'll get a bonus when I get a blowjob" were not sufficiently severe and persuasive). As the Fourth Circuit has observed, the line between a viable and infirm Title VII hostile work environment sexual harassment claim is "those situations that indeed present serious impediments to minority and female workers and those situations when human nature simply is not at its best."