HIGHLIGHTS

“In Russell v. Driscoll, a case alleging sex discrimination in violation of Title VII, Paul Russell (“Russell”) argued to the Tenth Circuit Court of Appeals that following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, claims alleging a hostile work environment are no longer required to show that the harm resulting from discriminatory conduct was so “severe or pervasive” that it altered the terms, conditions, or privileges of employment. Although an internal investigation into Russell’s workplace at the Irwin Army Community Hospital at Fort Riley in Kansas concluded his supervisor had discriminated based on sex, the district court dismissed his claim because it found that the discriminatory conduct was not sufficiently severe or pervasive to meet the legal standard of an actionable hostile work environment claim. Ultimately, the Tenth Circuit declined to adopt Russell’s argument, leaving the standard in place for hostile environment claims.”