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Jones v. Department of Corrections

United States Court of Appeals for the District of Columbia Circuit
429 F.3d 276 (2005)


Facts

Angela Jones (plaintiff) worked for the District of Columbia Department of Corrections (the Department) (defendant). After Jones made an internal complaint accusing a supervisor of sexual harassment, the Department moved Jones to the night shift and took other allegedly retaliatory actions against her. Jones sued, asserting the Department held vicarious liability. The Department filed an answer that did not assert an affirmative defense to vicarious liability for sexual harassment, called a Faragher-Ellerth defense, but raised it later in a motion for summary judgment. The trial court granted summary judgment for the Department and Jones appealed, arguing that the Department failed to plead the affirmative defense in its answer.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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