finding that a “discriminatory atmosphere” resulted from “working environments so heavily polluted with discrimination as to destroy completely the emotional and psychological stability of ... workers”
How later courts described this case
- finding that a “discriminatory atmosphere” resulted from “working environments so heavily polluted with discrimination as to destroy completely the emotional and psychological stability of ... workers”
- holding that an Hispanic claimant had sufficiently alleged a Title VII claim where her employer’s discriminatory service to its Hispanic clientele created an offensive work environment
- holding that "mere utterance of an ethnic or racial epithet which engenders offensive feeling in an employee" does not rise to the level of a Title VII violation
- employment discrimination is not limited to "isolated and distinguishable events" of "hiring, firing, and promoting"
Written by the judges who cited it.
Later courts went against this
Disapproved on other grounds by Equal Employment Opportunity Commission v. Shell Oil Co., 466 U.S. 54 (1984)
454 F.2d 234 (5th Cir. 1971), disapproved of on other grounds, EEOC v. Shell Oil Co., 466 U.S. 54 , 62 n.11, 104 S. Ct. 1621 , 80 L.Ed.2d 41
The opinion
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
PER CURIAM:
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active s'ervice on the Court having requested that the Court be polled on rehearing en bane, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.