Walker v. SBC Services, Inc.
Plaintiff Earnestine Walker sued Defendant SBC Services, Inc. alleging same-sex harassment, racial discrimination, and retaliation under Title VII. The court granted partial summary judgment to SBC, dismissing Walker's same-sex harassment and retaliation claims, finding the harassment not sufficiently severe or pervasive and the retaliation claim conceded. However, the court denied SBC's motion for summary judgment on the racial discrimination (hostile work environment) claim, concluding that genuine issues of material fact existed regarding the racially charged statements and conduct. The court also denied summary judgment on SBC's Ellerth/Faragher affirmative defenses, concluding that SBC failed to demonstrate it took prompt remedial action. Therefore, the racial discrimination claim and the affirmative defenses proceed to trial.