Fourth Circuit reversed summary judgment on hostile racial environment claims

In White v. BFI Waste Services, LLC, the Fourth Circuit in a decision by Judge Luttig, joined by Judge King and Judge Beezer sitting by designation, affirmed in part and reversed in part the summary judgments entered by the district court on the plaintiffs' race discrimination and hostile environment claims brought under Title VII and section 1981.

In particular, the Court held that the trial court erred in its decision regarding the timeliness of the hostile environment claim, and its decision about whether the acts shown by the plaintiffs' evidence were bad enough to make out an actionable hostile environment claim.