Connor once stared at Billings so many times in the first half-hour of her workday that she went home to change out of the sweater she was wearing before returning. In response, Billings avoided being alone with Connor, and held a piece of paper in front of her chest while walking through the office. It was always the same." Connor would then stare for approximately five seconds, or what "seem like a long time" to Billings. According to Billings, Connor would "make eye contact, and then his eyes would shift down to chest. A few months into the job, Billings, began to notice that Connor was looking at her chest during their conversations. We state the following background facts in accordance with that standard.īillings began working as the secretary to the Grafton Town Administrator, Russell J. "In so doing, we take as true the facts documented in the record below, resolving any factual conflicts or disparities in favor of the nonmovant." Id. We review the district court's entry of summary judgment de novo. We find error in these rulings, and vacate the decision in large part and remand for further proceedings. The district court ruled, as a matter of law, that (1) the Town Administrator's alleged staring at Billings's breasts did not make her workplace atmosphere hostile, (2) her transfer to another secretarial position within the Town, among other things, after she complained of the Administrator's behavior did not amount to a materially adverse employment action, and (3) those actions were not motivated by retaliatory animus. Billings, the former secretary to the Town Administrator for Grafton, Massachusetts, appeals from the entry of summary judgment in favor of the Administrator, the Town, and its Board of Selectmen on her claims of a hostile work environment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. McCay and Mirick, O'Connell, DeMallie & Lougee, LLP were on brief, for appellee.īefore LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge. Mulhearn, with whom Law Offices of Richard A. United States Court of Appeals, First Circuit. Padgett, Selectman for the Town of Grafton, Defendants, Appellees.
Mills, Selectman for the Town of Grafton Brook A. Lemay, Selectman for the Town of Grafton, Susan M. Peter Adams, Selectman for the Town of Grafton Roger Hammond Christopher R.
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