A county employee made accusations that a county commissioner sexually harassed her and subsequently took time off from her job, stating that she was depressed and anxious and believed that she was experiencing hostility at work after pressing her harassment claim. When informed that her available leave under the federal Family and Medical Leave Act (FMLA) was expired, she submitted her resignation, and sued the county for allegedly interference with her FMLA rights, constructive discharge, and unlawful retaliation. An appeals court upheld the rejection of all these claims. It noted that the plaintiff had been granted a full twelve weeks of leave under the FMLA during each year that she requested it, that no actions taken by the employer would have intimidated a reasonable employee into failing to report sexual harassment claims, and that there was no evidence concerning the employer's intent and actions that supported the constructive discharge claim. Quinn v. St. Louis County, #10-3332, 653 F.3d 745 (8th Cir. 2011).
     Pornography belonging to a former supervisor that was found in a cabinet, where it sat undiscovered for a year, did not create a hostile environment. Moreover, the employee could not make out a prima facie case of retaliation because the chain of events was too attenuated to show that the supervisor harassed the employee by leaving pornography behind. Coolidge v. Consol. City of Indianapolis, #06-3587, 2007 U.S. App. Lexis 24193 (7th Cir.).
     After a Customs and Border Patrol Officer filed an EEOC complaint of sexual harassment, management allegedly began an investigation pertaining to her use of FMLA leave. She resigned and claimed constructive discharge; a MSPB Administrative Law Judge found that working conditions were not so severe that a reasonable person in her position would have felt compelled to resign. However, the EEOC issued a contrary decision, which concluded that a senior supervisor's conduct and the agency's complicity were so offensive that it altered the employee's conditions of employment. A federal appeals panel said, because the EEOC's decision was inconsistent with the Administrative Law Judge's determination, the MSPB should have considered the EEOC's decision and resolved the inconsistencies. Davis v. Dept. Homeland Security, #2006-3061, 2007 U.S. App. Lexis 12593 (Fed. Cir.).
     Because a lateral transfer without diminution in pay or benefits is not an "adverse employment action," a woman correctional officer did not have a valid retaliation claim based on her transfer to a very undesirable assignment only weeks after she filed a sexual harassment complaint -- according to the U.S. Court of Appeals for the D.C. Circuit. Jones v. Dist. of Col. Dept. of Corr., #04-7181, 96 FEP Cases (BNA) 1441, 2005 U.S. App. Lexis 24523 (D.C. Cir. 2005), affirming 346 F.Supp.2d 25 (D.D.C. 2004). {N/R}
     Federal jury rejects harassment and discrimination claims but awards a black woman patrol officer $79,500 in compensatory and $150,000 in punitive damages. The court then vacated the monetary awards but confirmed her promotion to detective. Collins v. Suffolk Co. Police Dept., #01-CV-4194, 2004 U.S. Dist. Lexis 25510 and 2005 U.S. Dist. Lexis 130 (E.D.N.Y. 2005). [2005 FP Feb]
     Massachusetts upholds a retaliation claim brought by a trooper who reported that her superior gave preferential treatment to another employee because of an amorous relationship, but the underlying harassment charge must fail because her job conditions were not impacted severely enough to warrant judicial action. Ritchie v. Dept. of State Police, #02-P-593, 60 Mass. App. Ct. 655, 805 N.E.2d 54, 2004 Mass. App. Lexis 297 (2004). [2004 FP Jul]
     Sixth Circuit upholds the retaliation claim of a worker who was transferred to a different job after complaining about sexual harassment. An adverse employment action, needed to support retaliation claim, may include a reassignment that involves a less distinguished job title, a material loss of benefits, or significantly diminished responsibilities. White v. Burlington No. & SF Rwy., #00-6780, 364 F.3d 789, 93 FEP Cases (BNA) 1011, 2004 U.S. App. Lexis 7191, 2004 FED App. 0102P (6th Cir. en banc 2004). (6th Cir. en banc 2004). {N/R}
     Appeals court allows a state trooper, who was disciplined after she complained about a hostile environment (because her boss was engaged in sexual favoritism toward his assistant) to proceed with a retaliation claim under the state civil rights law. Ritchie v. Dept. of State Police, #02-P-593, 60 Mass.App.Ct. 655, 805 N.E.2d 54, 2004 Mass. App. Lexis 297 (2004). {N/R}
     A former New York City Corrections officer was engaged in "protected activity" when he defended himself against charges of sexual harassment. The Second Circuit reinstates his claim that he was denied a promotion because of his actions. Deravin v. Kerik, #02-7729, 335 F.3d 195, 2003 U.S. App. Lexis 13948, 92 FEP Cases (BNA) 472 (2d Cir. 2003). {N/R}
     Arbitrator holds that an employee was fired for poor performance, and not in retaliation for her complaint of sexual harassment. Management dismissed her for being distracted, lazy, and tardy. Southern Nuclear Operating and IBEW L-84, 118 LA (BNA) 1227 (Barry Baroni, 2003). {N/R}
     Teasing of a woman officer was neither severe nor pervasive, but whether she was fired for legitimate reasons, or as a pretext to mask retaliation for complaining, was a question of fact. Cruz v. Pennridge Regional Police Dept., #02-4372, 2003 U.S. Dist. Lexis 12962 (E.D. Pa. 2003). [2003 FP Nov]
     Federal court finds valid reasons to reject the wrongful termination complaints of two women correctional officers, but awards them each $150,000 in compensatory damages and $20,000 in punitive damages for harassment and retaliation. Brissette v. Franklin Co. Sheriff's Office, #98-30062, 235 F.Supp.2d 63, 2003 U.S. Dist. Lexis 95, 90 FEP Cases (BNA) 1295 (D. Mass. 2003). [2003 FP May]
     Woman ex-officer stated a cause of action for harassment and retaliation by the sheriff's dept. Galloway v. Matagorda Co., 35 F.Supp.2d 952, 1999 U.S. Dist. Lexis 1815, 81 FEP Cases (BNA) 911 (S.D.Tex. 1999). {N/R}
     A state prison is not be held liable for the sexual harassment of female employee by prisoners, where the institution had policies to minimize harassment and protect the safety of its employees. Powell v. Morris, 37 F.Supp.2d 1011, 1999 U.S. Dist. Lexis 2454, 81 FEP Cases (BNA) 899 (S.D. Ohio 1999). {N/R}
     A police sergeant who snapped female dispatcher's bra strap did not commit sexual harassment and should not have been demoted. He did not ask her for sexual favors and the snapping did not create an intimidating, offensive, or hostile work environment. Ada (City of) and FOP, 113 LA (BNA) 422 (Goodman, 1999). {N/R}
     Federal appeals court rejects the retaliation claim of a woman officer who said her harasser caused her to lose her secondary employment position. She failed to prove he acted in an official capacity. David v. Baniszewski, 1998 U.S. App. Lexis 31806 (Unpub., 10th Cir.). [1999 FP 76-7]
     Federal appeals court holds that an employer can be liable for coworker hostility following the filing of a complaint. Retaliation claim is not restricted to conduct by supervisory or management level employees. Gunnell v. Utah Val. St. College, 152 F.3d 1253, 1998 U.S. App. Lexis 20205 (10th Cir.). [1999 FP 59]
     Justice Dept. sues Fla. police dept. claiming a pattern of sexual harassment and retaliation against female employees. U.S. v. City of Ormond Beach, #95-403-CIV-ORL-19,, 33 (1614) G.E.R.R. (BNA) 646 (M.D.Fla. 4/20/95). {N/R}
     Federal court upholds complaint that police dept. tolerated retaliation and harassment of woman officer who had filed an EEOC sexual harassment complaint. Poulsen v. City of N. Tonawanda, 60 FEP Cases (BNA) 1185 (W.D.N.Y. 1993). [1993 FP 60]
     Federal court holds that repeated, explicit and unwanted sexual conversation does not create liability for the intentional infliction of emotional distress, unless accompanied by retaliatory conduct for reporting a supervisor's behavior. Class v. New Jersey L.I.C., 746 F.Supp. 776 (N.D. Ill. 1990).
     Retaliatory discharge of female city worker for filing a sexual harassment claim results in a recovery of $121,300. Santschi v. City of Festus, U.S. Dist. Ct. #82-864C(D), summary in 30 ATLA L. Rep. 165 (E.D. Mo. 1986).