Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)

Citation: Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)
Parent Document: Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-27
Original Source: https://www.courtlistener.com/opinion/8443663/wetzel-v-glen-st-andrew-living-... ↗

Full Text

1,355 chars

St. Andrew agrees that our ruling in Hively v. Ivy Tech Community College of Indiana , 853 F.3d 339 (7th Cir. 2017) (en banc ), holding that discrimination based on sexual orientation qualifies as discrimination based on sex under Title VII, applies with equal force under the FHA. We therefore move directly to the second element of the case: whether the harassment from which Wetzel suffered was severe or pervasive enough to interfere with her enjoyment of her dwelling. Harassment is severe or pervasive if it objectively interferes with the enjoyment of the premises or inhibits the privileges of rental. DiCenso , 96 F.3d at 1008. That standard requires us to consider the totality of the circumstances, including the frequency of the discriminatory conduct, its severity, and whether it is physically threatening or humiliating rather than merely offensive. Alamo , 864 F.3d at 549-50. There is no "magic number of instances" that must be endured before an environment becomes so hostile that the occupant's right to enjoyment of her home has been violated. Id. at 550. While isolated minor affronts are not enough, DiCenso , 96 F.3d at 1008, either a small number of "severe episode[s]" or a "relentless pattern of lesser harassment" may suffice, Alamo , 864 F.3d at 550 (quoting Cerros v. Steel Techs., Inc. , 398 F.3d 944, 951 (7th Cir. 2005) ).

Other Sections in This Document (38)

Full Text