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Todd v. Ortho Biotech, Incorporated

175 F.3d 595 (1999)

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Todd v. Ortho Biotech, Incorporated

United States Court of Appeals for the Eighth Circuit
175 F.3d 595 (1999)

  • Written by Galina Abdel Aziz , JD

Facts

Lori Todd (plaintiff) was formerly employed by Ortho Biotech, Inc. (Ortho) (defendant) as a sales representative. Todd was sexually assaulted by James Moreland, Ortho’s Director of Trade Relation, during a national sales meeting in Boston in 1992. Todd sued Ortho, alleging that Moreland’s assault constituted a hostile work environment in violation of Title VII of the Civil Rights Act of 1964 and sexual harassment under the Minnesota Human Rights Act. The trial court found Ortho liable under Title VII, and Ortho appealed. The United States Court of Appeals for the Eighth Circuit reversed, based on Ortho’s prompt and effective remedial action. Todd petitioned the United States Supreme Court for a writ of certiorari. The Supreme Court vacated the judgment and remanded for reconsideration given the Court’s holdings in Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 (1998).

Rule of Law

Issue

Holding and Reasoning (Loken, J.)

Concurrence (Arnold, J.)

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