Quigley v. Winter, 598 F.3d 938 (2010)

Citation: Quigley v. Winter, 598 F.3d 938 (2010)
Parent Document: Quigley v. Winter, 598 F.3d 938 (2010)
Jurisdiction: United States (federal)
Effective Date: 2010-03-16
Original Source: https://www.courtlistener.com/opinion/231/quigley-v-winter/ ↗

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Next, Winter insists there was insufficient evidence to support the jury’s verdict
in favor of Quigley on her hostile housing environment created by sexual harassment
claim. In this case, there was sufficient evidence to support a hostile housing
environment claim if a reasonable jury could find Quigley proved by a preponderance
of the evidence Winter subjected her to unwelcome sexual harassment, and the
harassment was sufficiently severe or pervasive so as to interfere with or deprive
Quigley of her right to use or enjoy her home. See DiCenso, 96 F.3d at 1008
(“Applied to the housing context, a claim [of hostile housing environment caused by
sexual harassment] is actionable ‘when the offensive behavior unreasonably interferes
with use and enjoyment of the premises.’” (quoting Honce, 1 F.3d at 1090) (“The
harassment must be sufficiently severe or pervasive to alter the conditions of the
housing arrangement.”))). Cf. Neudecker, 351 F.3d at 364-65 (setting forth the
elements of a hostile housing environment disability harassment claim).

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