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okoli

okoli

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Published by Eric Meyer

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Published by: Eric Meyer on Aug 13, 2011
Copyright:Attribution Non-commercial

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01/08/2013

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PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
 
K
ATRINA
O
KOLI
,
Plaintiff-Appellant,
v.C
ITY OF
B
ALTIMORE
,
 Defendant-Appellee,
andJ
OHN
P. S
TEWART
, ExecutiveNo. 08-2198
Director; M
ARTIN
O’M
ALLEY
,Mayor; M
ICHAEL
R. E
NRIGHT
, 1stDeputy Mayor; C
OLM
O’C
OMARTUN
, Special Assistant;C
OMMISSION ON
A
GING
&R
ETIREMENT
E
D
. (C
ARE
);M
AYOR AND
C
ITY
C
OUNCIL OF
B
ALTIMORE
,
 Defendants.
Appeal from the United States District Courtfor the District of Maryland, at Baltimore.William M. Nickerson, Senior District Judge.(1:06-cv-03025-WMN)Argued: March 22, 2011Decided: August 8, 2011Before KING, GREGORY, and WYNN, Circuit Judges.
 
Vacated and remanded by published opinion. Judge Gregorywrote the opinion, in which Judge King and Judge Wynn joined. Judge Wynn wrote a separate opinion concurring inpart and concurring in the judgment.
COUNSELARGUED:
April Gordon Dawson, NORTH CAROLINACENTRAL UNIVERSITY SCHOOL OF LAW, Durham,North Carolina, for Appellant. David Eugene Ralph, BALTI-MORE CITY DEPARTMENT OF LAW, Baltimore, Mary-land, for Appellee.
ON BRIEF:
George A. Nilson, CitySolicitor, William R. Phelan, Jr., Chief Solicitor, BALTI-MORE CITY DEPARTMENT OF LAW, Baltimore, Mary-land, for Appellee.
OPINION
GREGORY, Circuit Judge:Appellant challenges the grant of summary judgment forher employer when her boss forcibly kissed her, fondled herleg, propositioned her, asked sexually explicit questions,described sexual activities he wished to perform, and then,after she spurned the advances and filed a harassment com-plaint, fired her. Because those allegations are sufficient tomake out claims of hostile work environment, quid pro quoharassment, and retaliation, we vacate and remand.I.We recite the facts, with reasonable inferences drawn, infavor of the non-movant, Katrina Okoli (Appellant-Plaintiff).
See Anderson v. Liberty Lobby, Inc.
, 477 U.S. 242, 248, 106S. Ct. 2505, 91 L. Ed. 2d 202 (1986).
2O
KOLI
v. C
ITY OF
B
ALTIMORE
 
John P. Stewart is the director of Baltimore’s Commissionon Aging and Retirement ("CARE") and serves in theMayor’s cabinet. On June 21, 2004, Stewart hired Okoli, anAfrican-American woman, to serve as his executive assistant.The parties agree that for the first few months, Stewart andOkoli worked well together.Beginning in September 2004, things changed for theworse: Namely, Stewart began propositioning Okoli to havesex with him in a Jacuzzi as part of his sexual fantasy. He firstdid so on September 13, 2004, during a visit to a CARE facility.
1
During a September 24, 2004 work meeting, Stewart thenasked Okoli whether she was wearing any underwear, whatcolor it was, and whether she would come to work the nextday without underwear. Next, on October 4, 2004, Stewarttold Okoli about a sexual experience he had with an African-American woman and her daughter. Okoli reacted with shock and disgust, which Stewart noticed. Another time, Stewartagain mentioned this sexual experience with a mother anddaughter. Okoli reiterated that the daughter would despise andregret having such a lewd sexual encounter with her mother.Stewart laughed it off and returned to work, as Okoli suggestshe often did.Stewart continued to proposition Okoli about his Jacuzzifantasy, and on November 10, 2004, asked her to sit on his lapand to join him in a Jacuzzi in Las Vegas. Whenever Stewarttraveled, he continued to request Okoli to join him in hisJacuzzi, and became angry when she rejected his advances.
1
Also in September 2004, Stewart and others joked about various col-leagues’ sexual orientation. Okoli told Stewart she did not want to be apart of such conversations. Stewart gave Okoli a miniature American flagas a "[ ]sign of bigger and better things to come." J.A. 88. Stewart latergave or sought to give Okoli other gifts such as coats, lunch, and a holidaygreeting card containing cash. When Stewart first started asking if Okolihad a similar Jacuzzi fantasy, she replied "no, not like that," and said shehad not discussed Stewart’s proposition for group sex with another col-league. J.A. 89.
3O
KOLI
v. C
ITY OF
B
ALTIMORE

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