Spencer v. Schmidt Elec. Co.

1 Citing case

  1. Bennings v. UT Sw. Med. Ctr.

    No. 3:18-cv-2599-L (N.D. Tex. May. 16, 2019)

    And, "[i]f the harasser is plaintiff's [Title VII] supervisor, though, and not a co-worker, liability depends on certain other factors." Spencer v. Schmidt Elec. Co., 576 F. App'x 442, 446 (5th Cir. 2014) (per curiam) (citing Vance v. Ball State Univ., 570 U.S. 421, 424 (2013)); see also Morrow v. Kroger Ltd. P'ship I, 681 F. App'x 377, 380 (5th Cir. 2017) (per curiam)). But the Court should not concern itself with those, other factors now, because the United States Court of Appeals for the Fifth Circuit has cautioned that a plaintiff need not make a showing of each prong of the prima facie test at the pleading stage.