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Monday, July 28, 2025

Did You Hear? The Third Circuit Says Rumors Can Create a Hostile Work Environment - The National Law Review

A recent decision from the U.S. Court of Appeals for the Third Circuit offers a powerful reminder that workplace rumors—especially those rooted in gender stereotypes—can rise to the level of unlawful harassment under Title VII of the Civil Rights Act of 1964. The case underscores the potential impact of gossip and innuendo, particularly when such rumors are humiliating, pervasive, and tied to protected characteristics like sex.

Quick Hits

  • The U.S. Court of Appeals for the Third Circuit has ruled that workplace rumors rooted in gender stereotypes can constitute unlawful harassment under Title VII of the Civil Rights Act of 1964.
  • In Cuff v. Pennsylvania Department of Corrections, a former correctional officer faced persistent, humiliating rumors about trading sexual favors for preferential treatment, which were perpetuated by both colleagues and supervisors.
  • The Third Circuit emphasized that employers have a duty to address and correct gender-based harassment, as a failure to do so can create a hostile work environment and result in legal liability.

Background

In Cuff v. Pennsylvania Department of Corrections, a former correctional officer alleged that, during her eight-month tenure, she was subjected to persistent rumors that she was trading sexual favors for preferential treatment. These rumors, which began during her first week, were not isolated to idle chatter among coworkers. Instead, they were perpetuated and amplified by supervisors and colleagues alike, reaching...



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