Nathaniel Webber v. Leson Chevrolet Company, Incorporated

L Whether off-premises social media conduct that is accessible to an employee's coworkers, is posted from the employer's physical premises, depicts the employer's property in conjunction with racially violent content, and is reasonably calculated to affect the conditions of employment may be considered as part of the totality-of-thecircumstances analysis in a Title VII hostile work environment claim, or whether such conduct is categorically excluded absent a showing of a discrete physical "workplace nexus." n. Whether the Fifth Circuit departed from this Court's decisions in Reeves v. Sanderson Plumbing Products, Inc. and Tolan v. Cotton by resolving genuine disputes of material fact against the nonmovant at the summary judgment stage, including treating an employer's public apology acknowledging the discriminatory nature of a coworker's conduct as evidence supporting summary judgment for the employer, in conflict with the Fifth Circuit's own published decision in Hager v. Brinker Texas, Incorporated, which held that an analogous apology constituted direct evidence of discrimination precluding summary judgment.