Gallagher v. Delaney, __ F.3d __, 1998 WL 119614 (2d Cir. March 19, 1998)
An employee sued her former employer claiming sexual harassment and retaliation in violation of Title VII. The Second Circuit, reversing the district court's grant of summary judgment in favor of the employer, strongly cautioned against the use of summary judgment in cases involving allegations of sexual harassment. Noting that whether behavior qualifies as sexually harassing can only be determined by examining the specific context of such behavior and is often dependent upon "perceptions of the circumstances," the court stated that "a jury made up of a cross-section of our heterogenous communities provides the appropriate institution for deciding whether borderline situations should be characterized as sexual harassment and retaliation.