Harris v. Cobra Construction

Summary

The United States Court of Appeals for the Third Circuit affirmed summary judgment for Cobra Construction in an employment discrimination action brought under Title VII and the Pennsylvania Human Relations Act. The court held that a single racially derogatory outburst and threat did not establish intentional employment discrimination, a hostile work environment, or constructive discharge.

Holdings

1. The alleged racial remarks and threats did not constitute direct evidence of intentional employment discrimination because the record did not show that Orlando directed the conduct at Harris and Alexander because of racial animus or with an intent to discriminate based on race.
2. The plaintiffs failed to present evidence of discrimination that was sufficiently severe or pervasive to support a hostile work environment claim.
3. The plaintiffs failed to establish constructive discharge.
4. The standard for employer liability under the Pennsylvania Human Relations Act is the same as the standard under Title VII.

Questions Presented

1. Whether the racial slur and death threat constituted direct evidence of intentional employment discrimination under Title VII and the PHRA.
2. Whether the alleged incident was sufficiently severe or pervasive to support a hostile work environment claim.
3. Whether the evidence established constructive discharge.
4. Whether the District Court properly granted summary judgment to Cobra Construction.

Disposition

affirmed