“As Dr. Vives alleges putatively harassing acts after February 3, 2009, she may sweep back in all of the harassment that she alleges has occurred during her time at Children’s.  It is possible that a jury could conclude the sustained pattern of conduct she alleges constitutes severe and pervasive harassment.  It is also possible a jury could conclude this pattern of harassment is on account of one of Dr. Vives’s protected characteristics.  And as at least some of this harassment occurred at the hands of Dr. Ellis during the time Dr. Ellis was her supervisor (and as some of the harassment afterwards allegedly occurred at the hands of Dr. Robson, who is now her supervisor), Dr. Vives need not have produced evidence on the fifth element of her hostile work environment claim.”

Vives v. Children’s Hosp., Inc., CIV.A. 11-2080, 2013 WL 5607215 at *15 (E.D. La. Oct. 14, 2013) (Morgan, J.).