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A federal appeals court has revived a claim made by an Ohio court staffer alleging that a judge of the Franklin County Municipal Court created a hostile work environment by making sexist and racist comments.

The U.S. Court of Appeals for the Sixth Circuit affirmed the lower court’s dismissal of most of plaintiff Andrea Boxill’s claims against four judges—including First Amendment retaliation and civil conspiracy—but reversed the dismissal of hostile work environment claim against defendant Judge James P. O’Grady.

Boxill, a docket coordinator, sued O’Grady, and fellow judges Michael Brandt, Carrie Glaeden and James Green, claiming they “formulated a concealed plan and policy that female FCMC employees asserting complaints about abusive and discriminatory treatment at the hands of Judges would be discouraged and intimidated into silence,” according to an opinion from Judge Jane B. Stranch of the U.S. Court of Appeals for the Sixth Circuit.

The plaintiff claimed that in 2011, O’Grady began making comments she found hostile and intimidating. According to Stranch, Boxill reported the alleged harassment to administrators and judges at the municipal court—including Green and Shaw—several times between 2011 and 2013.

She alleged that “[n]o administrator or Judge acted on these reports, but each discouraged [her] from action,” according to the opinion. Boxill also claimed she was demoted after the matter of O’Grady’s alleged behavior came to the attention of the other judges, one of which had written a letter expressing concern over the liability O’Grady presented.

Non-defendant Judge Scott VanDerKarr wrote that letter, but Brandt told Shaw to rewrite it and “tone it down,” Boxill alleged.

Stranch said Boxill’s claim about the letter showed some of the judges took proactive steps to address her allegations. Additionally her allegations against them were vague, so she could not state a plausible claim against those defendants.

However, with O’Grady it was a different matter. Stranch said the allegations were specific enough to move forward.

Returning to the letter, Stranch said “Eventually, in 2014, VanDerKarr drafted a letter—circulated among Brandt, Shaw, and Glaeden—’in which he reported O’Grady’s creation of a hostile work environment’ at the courthouse. Shaw later ‘tone[d] down’ this letter; but even the revised letter concluded ‘that, if left unaddressed, Judge O’Grady’s behavior [might] result in future litigation that could subject [FCMC] to liability, possibly for the creation and continuation of a hostile work environment, and the payment of damages.’”

Stranch added, “Boxill’s complaint therefore plausibly alleges that (1) O’Grady made sexist and racist comments directed at her and others for years, (2) she reported to her superiors that O’Grady’s harassment was interfering with her ability to work, and (3) this harassment was sufficiently severe and/or pervasive that judges and administrators at the courthouse felt it necessary to memorialize their concerns about his behavior in writing.

“At the pleading stage, these allegations state a plausible hostile work environment claim against O’Grady,” she said.

Columbus-based attorney Michael G. Moore represents Boxill and did not respond to a request for comment.

Linda Woeber of Montgomery Jonson in Cincinnati, who represents the defendants, declined to comment.