E.E.O.C. v. FAIRBROOK MEDICAL CLINIC, P.A.

No. 09-1610.

609 F.3d 320 (2010)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. FAIRBROOK MEDICAL CLINIC, P.A., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 18, 2010.


Attorney(s) appearing for the Case

ARGUED: Anne Noel Occhialino, U.S. Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Kenneth P. Carlson, Jr., Constangy, Brooks & Smith, LLC, Winston-Salem, North Carolina, for Appellee. ON BRIEF: James L. Lee, Deputy General Counsel, Lorraine C. Davis, Acting Associate General Counsel, U.S. Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Kristine M. Sims, Constangy, Brooks & Smith, LLC, Winston-Salem, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge DAVIS and Senior Judge BEAM joined.


OPINION

WILKINSON, Circuit Judge:

The Equal Employment Opportunity Commission brought this suit on behalf of Dr. Deborah Waechter against her former employer, Fairbrook Medical Clinic. The agency alleges that Dr. John Kessel, the sole owner of the clinic, subjected Waechter to a hostile work environment because of her sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The district court held that Kessel's...

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