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Sexual Harassment - In General
Monthly
Law Journal Article: Sexualized and Derogatory
Language in the Workplace, 2011 (2) AELE Mo. L. J. 201.
Monthly Law Journal Article: Workplace
Harassment by Law Enforcement and Correctional Supervisors, Part 1, Sexual
Harassment, 2013 (9) AELE Mo. L. J. 201.
A female student-employee in a campus police department
brought claims for sexual harassment and sexual assault against three community
college district employees and against the district as her employer. She also alleged sexual harassment of two other female district
employees, which was presumably provided notice to the district regarding
similar misconduct by at least one of the involved employees, a male campus
police officer. Before her deposition could take place, one of those
other female employees was contacted by one of the plaintiff’s lawyers. When
they discovered this contact, the defendants moved to disqualify the lawyer for
violating Rule 4.2 of the California State Bar Rules of Professional Conduct,
which generally prohibits a lawyer from communicating with “a person the lawyer
knows to be represented by another lawyer in the matter.” While the trial court
granted the motion, an intermediate California appeals court disagreed. While
the employer offered to provide a lawyer for the female employee contact, there
was no evidence that at the time of the contact she had accepted the offer or
otherwise retained counsel. The plaintiff’s lawyer was therefore not
disqualified. Doe v. Superior Court, #D075331, 36
Cal. App. 5th 199, 2019 Cal. App. Lexis 539.
A part-time secretary to the director of a county’s Department of Veteran’s Affairs, claimed that her boss made unwanted sexual advances to her for a period of years. She never reported this conduct because her young daughter had cancer and she depended on the income. She later learned that on two prior occasions, the Chief County Clerk became aware of her boss’s inappropriate behavior toward other women and reprimanded him. After both incidents, there was no further action nor was any notation placed in his personnel file. The county terminated her boss when the persistent nature of his behavior toward her was revealed. She sought to hold her boss liable for sexual harassment, and her former employer, the county, vicariously liable. holding that, in this case, the availability of a defense regarding both elements--whether the county took reasonable care to detect and eliminate the harassment and whether the plaintiff acted reasonably in not availing herself of the county’s anti-harassment safeguards--should be decided by a jury, overturning judgment for the county. Minarsky v. Susquehanna County, #17-2646, 2018 U.S. App. Lexis 18189 (3rd Cir.).
A corrections officer at a privately run correction facility claimed that a male coworker slapped her on the buttocks. She filed a formal complaint with the company that operates the facility. In the days that followed, he repeatedly rolled his eyes at her and once punched a metal machine in her presence to intimidate her. She submitted a second complaint, adding that she was afraid he would touch her again, that this was not the first time that he had touched her, and that he stated he could touch her if he wanted to. She conceded that he had never touched her or made any inappropriate comments to her after her complaint. The company's outside investigator submitted a report finding that he had sexually harassed the plaintiff and other coworkers, and fired him. A jury returned a verdict for the plaintiff of $4,000 in actual damages and $100,000 in punitive damages. A federal appeals court upheld the entry of judgment as a matter of law in favor of the company, ruling that the company’s prompt remedial action in response to the plaintiff’s complaints barred liability. Wilcox v. Corrections Corp. of America, #14-11258, 2018 U.S. App. Lexis 17242 (11th Cir.).
A man had worked as a village police officer for five years before a female sergeant made what he thought were inappropriate and unwelcome sexual advances toward him. According to him, he was not the only person subjected to the sergeant’s sexual harassment. After rebuffing her invitations, he alleged, she escalated a pattern of harassment and hypercriticism of his performance. After an incident prompted him to report the misconduct, he began experiencing migraine headaches and other medical conditions that he attributed to stress related to the harassment. As he began taking time off, tensions rose between him and the employer. His lawsuit asserted that as a result of his medical condition and use of leave time, the village retaliated against him in violation of the Family and Medical Leave Act, 29 U.S.C. 2601 (FMLA), and the Americans with Disabilities Act (ADA), 42 U.S.C. 12101. A federal appeals court upheld summary judgment in favor of the village. The acts that he identified as retaliation, the court stated, would not discourage a reasonable employee from exercising his rights under the statutes. In fact, he was allowed to take all the unpaid leave he wanted or needed. His claims asserted that doing exactly what the FMLA allows—placing an employee on unpaid leave—violated the anti-retaliation provisions of the FMLA and ADA. Freelain v. Village of Oak Park, #16-4074, 2018 U.S. App. Lexis 10975 (7th Cir.).
A federal appeals court upheld a judgment after a jury trial in favor of a female former lieutenant firefighter on both her gender-based hostile work environment sexual harassment/discrimination and retaliation claims. Off-duty evidence demonstrating that she was berated, spat at, and otherwise assaulted by a co-worker while a supervisor stood by was not isolated, non-work related conduct, but rather supported the magnitude of the workplace harassment; A hostile work environment was proven through evidence of repeated hostile, gender-based epithets (such as “cunt,” “bitch,” or “lesbo”), ill treatment of women as workers, sexual innuendoes, and preferential treatment for women who were more likely to sleep with the men of the fire department. The plaintiff had the blood and brain matter of a suicide-attempt victim flung at her by a member of her own team. The plaintiff was awarded emotional and front pay damages. Franchina v. Providence Fire Department, #16-2401, 2018 U.S. App. Lexis 1919 (1st Cir.).
A female employee of the Idaho Department of Corrections (IDOC) was raped by a co-worker. She sued the Department and other defendants. A federal appeals court vacated summary judgment in favor of defendants on her Title VII hostile work environment claim based on actions taken after the rapes. As the rapes did not occur in the workplace, it rejected the argument that the rapes themselves caused the hostile work environment. The court noted that if the jury found that the IDOC supervisors created a hostile work environment, the IDOC would also be liable. A reasonable juror could have concluded, the court found, that a correctional facility effectively condoned a coworker's rapes of the plaintiff, a probation and parole officer, because there was evidence that she was forced to return to work before she had recovered from the rapes to a workplace run by supervisors who showed public support for her rapist, eagerly anticipated his return, and continued to pay him while denying her paid leave. Fuller v. Idaho Department of Corrections, #14-36110 2017 U.S. App. Lexis 13862 (Unpub. 9th Cir.).
A female county correctional officer claimed that the county sheriff created a sexually hostile work environment by such things as greeting her with unwelcome hugs on more than one hundred occasions, and a kiss at least once, during a 12-year period. The trial granted summary judgment for the sheriff and the county. Reversing the summary judgment, the appeals court found that the sexual harassment claim survived because a reasonable juror could find, from the frequency of the hugs, that the sheriff’s conduct was out of proportion to “ordinary workplace socializing” and had, instead, become abusive. The trial court also completely overlooked legal recognition of the potentially greater impact of harassment from a supervisor, and disregard evidence that the sheriff hugged and kissed other female employees. Even if the sheriff also hugged men on occasion, there were “qualitative and quantitative differences” in the hugging conduct toward the two genders. Accordingly, the court reversed and remanded. Zetwick v. County of Yolo, #14-17341, 2017 U.S. App. Lexis 3260 (9th Cir.).
A female secretary in the U.S. Fish
and Wildlife Service asserted claims for hostile work environment sexual
harassment and unlawful retaliation for complaining about the harassment. A
federal appeals court found that she failed to show sexual harassment so severe
or pervasive as to support a claim of a hostile work environment. She alleged
seven harassing incidents over a three year period by two different men, with
none of them involving actual touching and instead involving suggestive remarks
or gestures. She also failed to show that her termination was retaliatory for
complaining about harassment. She failed to show that she would not have been
terminated "but for" a retaliatory motive. She was fired for calling
her supervisor "a god-d***ed f***ing liar" and grabbing a
supervisor's arm and twisting it, stating that she would send copies of e-mails
in her possession to the Equal Employment Opportunity Commission (EEOC) and the
court, and copying unnecessary people on e-mails after repeated warnings to
cease doing so. She had previously been disciplined twice for inappropriate
conduct and failure to follow a supervisor's directive. Blomker v. Jewell,
#15-1787, 2016 U.S. App. Lexis 14386 (8th Cir.).
A female former employee of the Transportation
Security Administration (TSA) claimed that the supervising Air Marshal in
charge of the field office where she worked transferred her flight assignment
duties to a group of male employees and spoke to her in a way that was hostile
and unlike his treatment of male employees. This included him holding a
baseball bat in what she described as "a swinging position" in almost
every interaction with her. A federal appeals court ruled that the trial court
erred in requiring her to show that his conduct was both severe and pervasive
to establish sex harassment. Furthermore, it concluded that there was
sufficient circumstantial evidence from which a reasonable jury could find in
the plaintiff's favor on both sexual harassment and sex discrimination claims.
Summary judgment for the employer was reversed. Burns v. Johnson, #15-1982.
2016 U.S. App. Lexis 12732, 100 Empl. Prac. Dec. (CCH) P45592, 129 Fair Empl.
Prac. Cas. (BNA) 567 (1st Cir.).
A female municipal
court clerk sued for quid pro quo and hostile environment sexual harassment as
well as retaliation. She sought $323,027.35 in damages. A jury found in her
favor only on the hostile work environment claim, awarding only $5,000 in
damages. The attorneys' fees were calculated by the court as $94,612.50, but
the award of fees to her as a prevailing plaintiff under Title VII were then
reduced to $25,000, or five times the amount of damages awarded. The trial
court believed that it was constrained by prior case law to reduce the
attorneys' fee award to less than 6.5 times the damage award. The federal appeals
court aand damages may be considered in determining a reasonable fee, but prior
cases did not impose "a per se proportionality requirement" of less
than 6.5 times the amount of damages. A new calculation of the appropriate fee
award was therefore ordered. Combs v. City of Huntington, #15-40436, 2016 U.S.
App. Lexis 13049 (5th Cir.).
A female corrections officer employed at a
facility operated by a private corporation claimed that she had been subjected
to sex discrimination, harassment, and unlawful retaliation in violation of
federal and state laws. The EEOC filed a class action lawsuit on behalf of
female employees at the facility. A federal appeals court ruled that the trial
court's dismissal of the class action for failure to conciliate was unwarranted.
The EEOC had satisfied conciliation requirements before suing by sending a
reasonable cause letter to the employer inviting it to conciliate and proposing
a settlement. Further, even if the EEOC were found not to have conciliated
prior to filing suit, the appropriate remedy would have been merely a stay of
the lawsuit to permit conciliation, rather than dismissal. Arizona ex rel.
Horne v. The Geo Group, #13-16081, 2016 U.S. App. Lexis 4646 (9th Cir.).
Statistics showed that in 2012 one in five female
military veterans and one in 100 male veterans reported experiencing sexual
abuse in the military. It was also estimated that 26,000 service members
"experienced some form of unwanted sexual contact." Trauma resulting
from such incidents can cause severe chronic medical problems, including
anxiety, depression, and Post Traumatic Stress Disorder (PTSD). Veterans with
disabilities resulting from such conditions can receive disability benefits
under 18 U.S.C. Sec. 1110. A veterans group filed a petition seeking rulemaking
in response to what they claimed was an inadequate response by the Veterans'
Administration to disability claims stemming from military sexual trauma (MST).
They sought a new regulation detailing how such claims were to be adjudicated,
claiming that a lower proportion of MST PTSD claims were granted than PTSD
claims traceable to other causes. The Secretary of Veterans Affairs denied the
petition. Upholding the denial, a federal appeals court rejected an argument
that the Secretary violated equal protection by intentionally discriminating
against women or discriminating against survivors of MST-based PTSD. The court
found that the denial was not based on a discriminatory purpose, since both men
and women can be subject to MST, and the Secretary adequately described the
reasoning for the denial. Serv. Women's Action Network v. Sec'y of Veterans
Affairs, #14-7115, 2016 U.S. App. Lexis 3976 (Fed. Cir.).
An employee of a public housing authority offered
her resignation, but before her employment had ended, she testified against the
employer's Executive Director, asserting claims of sexual harassment. She then
tried to rescind her resignation, but the Executive Director rejected this.
Overturning a trial court's summary judgment for the employer on an unlawful
retaliation claim, a federal appeals court found that rejecting the rescission
of the resignation could constitute an adverse employment action, and there was
a substantial conflict of evidence as to whether the employer would have rejected
the resignation rescission "but for" the testimony regarding sexual
harassment. Porter v. Houma Terrebonne Hous. Auth. Docket: 14-31090 2015 U.S.
App. Lexis 19938 (5th Cir.).
A woman sued a city for sexual harassment under
California law, claiming that a police officer harassed her while she was
providing phlebotomist services on behalf of the police department while
employed by a company that had a contract with the city. A jury found that the
plaintiff proved her claim and awarded her $1.5 million, which was subsequently
reduced to $1.125 million by the trial judge. Seeking to set the award aside,
the city argued that the plaintiff was not entitled to recover because she was
not a city employee, special employee, or a "person providing services
pursuant to a contract" under a specified state statute. A new trial was
later granted based on an argument that the damages awarded were excessive, and
the city appealed a denial of its motion that the plaintiff was not able to
recover at all. An intermediate California appeals court held that the evidence
supported a determination that the plaintiff had standing to recover damages
for sexual harassment as a person providing services to the city pursuant to a
contract. Further proceedings will occur under the new trial order. Hirst v.
City of Oceanside, #D064549, 2015 Cal. App. Lexis 389.
Two former and one current female police officers
sued a police department and five supervisors for sexual harassment on the job.
One of the supervisors was not entitled to qualified immunity on hostile
workplace sexual harassment claims of one of the officers as his alleged
conduct, if true, violated her clearly established rights. The officer claimed
that he made references of a sexual nature to her body parts, particularly her
buttocks, on at least ten occasions in front of other officers while serving as
her direct supervisor. He also engaged in unwanted touching by attempting to
massage her shoulders, asked her if she was going to have sex with her
boyfriend, and showed her a suggestive photo in a magazine of a woman dressed
in tactical gear focused on her buttocks and passed the magazine around to
other officers present while telling them that the buttocks in the photo looked
like hers. Other claims in the complaint were insufficient for liability, and
the supervisors were entitled to qualified immunity on them as the conduct at
issue, even if offensive, was isolated and not substantial, and in some
instances, not tied to the officers' gender. A police chief was not vicariously
liable for the acts of subordinates, and there was no evidence that he himself
acted in a manner that helped to create a hostile work environment. Raspardo v.
Carlone, #12-1686, 2014 U.S. App. Lexis 19010 (2nd Cir.).
A female African-American employee of the Merit
Systems Protection Board (MSPB), the federal entity charged with addressing the
grievances of federal workers challenging discriminatory employment practices,
claimed that her supervisors had created a hostile work environment
discriminating against her on the basis of both race and sex. Upholding summary
judgment for the employer, a federal appeals court found that while the
supervisors' actions "may have been unprofessional, uncivil, and
somewhat boorish, they did not constitute an adequate factual basis for the
Title VII claims presented here." The court found that alleged selective
enforcement of a time and attendance policy was not severe or pervasive enough
to create a hostile working environment. Further, the employee's performance
reviews were not uniformly negative, and criticisms of her had some legitimate
basis, for which areas of improvement were recommended. An "outburst"
by a supervisor and coworker was an isolated expression of frustration, even if
ill-mannered and tactless. The plaintiff's complaint also failed to clearly
raise a retaliation claim. Brooks v. Grundmann, #12-5171, 2014 U.S. App. Lexis
6942, 122 Fair Empl. Prac. Cas. (BNA) 661 (D.C. Cir.).
A female former police officer received a jury
award of $300,000 in compensatory damages and $7.2 million in punitive damages
from a city Board of Police Commissioners on an unlawful retaliation claim. She
had asserted that a male sergeant, who had been her supervisor, sexually
harassed her by creating a mock "Wanted" poster displaying her
picture and making comments about her body. She also said that, despite the
fact that she was married and his subordinate, he had asked her to skinny-dip
in his hot tub and to sit on his lap. The jury returned a verdict for the
defendant municipality on the sexual harassment claim, but awarded damages on
the claim that the officer faced retaliation after she complained about her
supervisor's alleged conduct. She claimed that, after she complained, a
Lieutenant started assigning her to unfavorable shifts, evaluating her less
favorably in performance reviews, and denying requests off for training that
others were allowed to attend, Ross-Paige v. St Louis Board of Police
Commissioners, St. Louis Circuit Court (March 21, 2014).
A female former employee of French national origin at a
maximum security prison failed to show that the employer was liable for alleged
sexual harassment or discrimination against her on the basis of gender and
national origin. The employer apparently corrected all the behavior by
co-workers that the plaintiff reported, and she failed to show that any
similarly situated non-French non-female employees were subject to different
treatment than the treatment she complained of. Claims of retaliation were also
rejected. Chaib v. Indiana, #13-1680, 2014 U.S. App. Lexis 3417 (7th Cir.).
A female former employee of a county sheriff's
department claimed that while working at a jail she was subjected to offensive
comments about her breasts, saw sexually offensive material on workplace
computers, and frequently heard graphic sexual conversations. Her perception
was that the male employees who engaged in this kind of conduct were not
punished but instead were ultimately promoted, and that female employees who
complained were given undesirable assignments and otherwise retaliated against.
A federal appeals court found that there was a factual issue as to whether her
immediate manager qualified as a supervisor on the basis for apparent
authority, barring summary judgment under Title VII on his supervisory status.
There was also a genuine issue of disputed fact as to whether the county's
response to the plaintiff's sexual harassment complaints involved reasonable
efforts to remedy the problem, establishing an affirmative defense. Federal
civil rights claims against the county were rejected, however, as it was not
shown to have been deliberately indifferent to the problem. Kramer v. Wasatch
Co. Sheriff's Office, #12-4058, 2014 U.S. App. Lexis 3468 (10th Cir.).
A city worker was allegedly attacked and raped by
a coworker at work. She sued the city for intentional, willful, and wanton
disregard for the safety of others in selecting and controlling the co-worker.
The Supreme Court of Ohio found that a lawsuit for such an intentional wrong
may fall within an exception to political subdivision immunity, and that the
city had not established that it was entitled to such immunity in this case as
a matter of law. Such a claim could qualify as one that arose out of an
employment relationship. Vacha v. City of N. Ridgeville, #2011-1050,136 Ohio
St. 3d 199, 2013-Ohio-3020, 992 N.E.2d 1126, 2013 Ohio Lexis 1683.
A volunteer fireman claimed that she was
subjected to on the job sexual harassment. A federal appeals court upheld the
dismissal of her claim, finding that she was not an "employee" for
purposes of Title VII because she did not receive remuneration. Any benefits
she received were entirely incidental to her volunteer services. Juino v.
Livingston Parish Fire District No. 5, #12-30274, 2013 U.S. App. Lexis 10934
(5th Cir.).
A woman employed as a Correction Lieutenant at a
women's prison was among less than 3 percent of those in that job who were
African-American. She served as a witness in a retaliation complaint filed by a
female coworker. Subsequently, an ex-felon visitor to the prison got into a
dispute with her about not letting her children into the prison because she had
not followed required procedures. The visitor complained to another lieutenant
referring twice to the plaintiff as a "nigger." Neither the other
lieutenant nor any other person disputed the use of the term. She claimed that,
for close to three years she was subjected her to a continuous stream of
adverse employment action which turned her work into a hostile work environment
due to her race, gender, or protected activity. The court rejected all these
claims, finding that the plaintiff failed to show that a co-worker's failure to
remonstrate against racist remarks by a prison visitor was inadequate to create
an objectively racially hostile workplace. She also failed to show a sexually
hostile workplace, or that she was subjected to unlawful retaliation. Cooper v.
Cate, #1:10-cv-899, 2012 U.S. Dist. Lexis 66411 (E.D. Cal.).
A female former corrections officer sued the
county sheriff and her supervisor at the jail, the chief deputy, for creating a
sexually hostile work environment. The sheriff allegedly asked her out several
times and bought her chocolates, but she declined and complained about his advances
to the chief deputy, her supervisor. The chief deputy then allegedly began
pursuing her sexually on and off the job, and they had sex approximately ten
times, with some of the sex occurring in county vehicles while driving back
from transport trips. She admitted that it had been voluntary, except to the
extent she protested the first time. He later allegedly instructed a
subordinate to fire her after he accused her of having sex with a friend of
hers. While the sheriff's conduct was not sufficiently pervasive or severe
enough to create a sexually hostile work environment, the chief deputy was not
entitled to qualified immunity on the sexual harassment claim. Voluntary sexual
activity may be "unwelcome harassment." The court found that it was
clearly established that a "supervisor's attempt to have sex with a
subordinate violates the subordinate's civil rights." Crutcher-Sanchez v.
County of Dakota, #11-2898, 687 F.3d 979 (8th Cir. 2012).
A female former corrections officer failed to
show that her supervisor, the jail administrator, had subjected her to hostile
environment sexual harassment or engaged in "widespread sexual
favoritism." He had never asked her to go out with him or have sex with
him. She failed to identify any opportunities or benefits the supervisor denied
her, or that a promotion available to her instead went to another employee who
had a sexual relationship with the supervisor. Indeed, she herself chose not to
apply for a promotion because she feared damage to her reputation. Further, the
supervisor's conduct was not physically threatening or humiliating and did not
unreasonably interfere with her work performance. The supervisor was therefore
entitled to qualified immunity from her claims. Duncan v. County of Dakota,
#11–2467, 687 F.3d 955 (8th Cir. 2012).
A county was liable for $70,000 to a female
employee who claimed that the director of its jail program, who was her
supervisor, subjected her to sexual harassment, including repeatedly calling
her his "bitch" and other gender-based remarks and epithets. Such
verbal harassment can meet the test for "severe or pervasive
harassment." The court rejected, however, a $4 million jury award to the
plaintiff for her lay-off a year after the director left his job. The court
found that there was no evidence that the lay-off was based on her gender, and
the county maintained that it was simply part of broad budget cutbacks.
Passananti v. Cook County, #11-1182, 2012 U.S. App. Lexis 14875
(7th Cir.).
A male homosexual city emergency management
employee claimed that co-workers "mocked" him. His alleged romantic
relationship with a male co-worker ended when the co-worker started an
involvement with a co-worker. He then told his supervisor that he wanted to not
have to work together with his ex-boyfriend, and that he feared a possible
physical attack. He was transferred to a "graveyard" shift, and later
also transferred to administrative duties at a cemetery. He sued the city and
its mayor, claiming that his transfers and the ridicule of his co-workers
amounted to sex discrimination, a hostile work environment and unlawful
retaliation in violation of his equal protection rights. He sought damages for
violation of his federal civil rights. The supposed mocking was not shown to be
significant enough or pervasive enough to create a hostile work environment,
and the transfer, even if not what he desired, had no impact on his rank,
duties, or pay. Ayala-Sepulveda v. Municipality of San German, #10–2123, 2012
U.S. App. Lexis 947; 114 Fair Empl. Prac. Cas. (BNA) 234 (1st Cir.).
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).
Ohio appellate court rejects a sexual
harassment suit brought by a female EMS captain who complained that male
firefighters frequently urinated on the toilet seat of a common washroom.
"Both men and women used the filthy restroom [and] members of both sexes,
then, were equally harassed." Godsey-Marshall v. Vil. of Phillipsburg, #
23687, 2010 Ohio 2266, 2010 Ohio App. Lexis 1868 (2nd Dist.).
Appeals panel rejects a sexual harassment claim
brought by an employee of an emergency dispatch authority. Although the alleged
harasser was an outside legal advisor to the agency, he was employed by the
district attorney's office and he had no authority over her. McCans v. City of
Truth or Consequences, #09-2116, 2010 U.S. App. Lexis 796, 108 FEP Cases (BNA)
350 (Unpub. 10th Cir.).
In a Title VII sexual harassment suit, a newly
elected sheriff replaced the old sheriff, and the district court substituted
the new sheriff as a defendant in her official capacity. Although a sheriff in
Virginia may be a singular entity with an independent tenure, state law cannot
override Title VII in violation of the Supremacy Clause, and substitution of
the new sheriff was proper. King v. McMillan, #08-1974, 2010 U.S. App. Lexis 2308
(4th Cir.).
During the Porn Star Costume Ball at a hotel in 2004,
a Sacramento Fire Captain allegedly allowed firefighters to attend the event
and even to drive a fire truck there to “pick up” women. Appellate court
concludes that although “a public employer of a police officer may be
vicariously liable for a sex crime committed by the officer against a person
detained by the officer while on duty,” that holding should be “limited to such
acts by an on-duty police officer and does not extend to any other form of
employment, including firefighting.” M.P. v. City of Sacramento, #C057324, 177
Cal. App.4th 121, 2009 Cal. App. Lexis 1439 (3rd Dist.).
Eighth Circuit rejects a retaliation claim brought by
a woman corrections officer who complained that a captain had rubbed her arm
and grabbed her breast on one occasion and that she had been treated unfairly
by coworkers were insufficient to support a hostile work environment claim,
where the captain was disciplined and she has not shown severe or pervasive
harassment. Petty slights and minor annoyances in the workplace, as well as
personality conflicts and snubs by co-workers, are not actionable. Sutherland
v. Missouri Dept. of Corr., #08-3000, 2009 U.S. App. Lexis 20056 (8th Cir.).
Second Circuit holds that an accused sexual harasser
established a prima facie case that he was fired because of a stereotype that
men have propensity to sexually harass female coworkers, even though he
admitted to calling the complainant at home and sending her a note after she
refused to have to sex with him. Employers must not overreact to a fear of
lawsuits and "presume male employees to be ‘guilty until proven innocent’
based on invidious sex stereotypes." Sassaman v. Gamache, #07-2721-cv,
2009 U.S. App. Lexis10937 (2nd Cir.).
Illinois
Supreme Court holds a sheriff’s office liable for damages and legal costs in
the case of a records clerk who was sexually harassed by a sheriff’s sergeant,
who was not her supervisor. The plaintiff established a hostile working environment.
Sangamon Co. Sheriff’s Dept. v. Illinois Human Rights Cmsn., #105517, 2009 Ill.
Lexis 378.
An employee of a contract
mental health service provider for the D.C. Dept. of Corrections could not
bring a sexual harassment claim against the D.C Government. For Title VII
purposes, she was not an employee of the DoC. Simms v. Dist. of Col. Govt.,
#06-2178, 2008 U.S. Dist. Lexis 96496 (D.D.C.).
A female corrections officer failed to
prove a hostile work environment; in a two-year period, the only racially
insensitive comments she heard were when a named defendant called her
"girl" and called two male black employees "boys." McCann
v. Tillman, #07-11743, 526 F.3d 1370, 2008 U.S. App. Lexis 10048 (11th Cir.
2008).
A federal court declined to dismiss a civil suit
for retaliatory discharge, brought by a bailiff/secretary and a court reporter
against an Oklahoma Judge, who was sentenced to four years in prison for
secretly using a "penis pump" in chambers and while on the bench. He
could have been observed by a person of either gender, so the plaintiffs were
not fired because they are female -- thus their sex discrimination and
harassment claims failed. Subsequently, they each received a settlement of
$170,000, because the judge had fired them for testifying before the Council on
Judicial Complaints. Foster v. Thompson, #05-CV-305, 2008 U.S. Dist. Lexis
16736; Hindman v. Thompson, #05-CV-306, 557 F.Supp.2d 1293, 2008 U.S. Dist.
Lexis 16740 (N.D. Okla. 2008).
City was not liable for a Mayor's sexual abuse, which
occurred on many occasions in his office, home, and in a city-issued police
cruiser. Roe v. City of Waterbury, #070261, 2008 U.S. App. Lexis 19286 (2nd
Cir.).
An employer's policy requiring all supervisors to
report sexual harassment does not increase the scope of liability under Title
VII; taking the opposite view would discourage and penalize voluntary efforts
exceeding Title VII's requirements. Chaloult v. Interstate Brands, #07-2694,
2008 U.S. App. Lexis 18529, 104 FEP Cases (BNA) 229 (1st Cir.).
Third Circuit rejects a sexual harassment claim
brought by a corrections officer. The aggressor was a coworker, not a
supervisor, and she never reported the alleged harassment to her supervisor, to
the police, or to the county's EEO Officer. Hitchins v. Montgomery Co.,
#06-4819, 2008 U.S. App. Lexis 10688 (Unpub. 3rd Cir.).
Seventh Circuit affirms the dismissal of sexual
harassment and retaliation claims. Even if the plaintiff was raped by another
DHS employee while off-duty and attending training at the FLETC facility,
management had separated her from the alleged assailant, and local authorities
declined to prosecute her complaint for lack of evidence. She could not recall
important details of incident due to her own intoxication. Lapka v. Chertoff,
#06-4099, 2008 U.S. App. Lexis 4391 (7th Cir.).
Eighth Circuit dismisses a harassment lawsuit. A
"single, relatively tame comment at issue here is insufficient as a matter
of law to support an objectively reasonable belief it amounted to unlawful
sexual harassment." Brannum v. Missouri Dept. of Corrections, #07-1598,
2008 U.S. App. Lexis 4478.
Fifth Circuit rejects a sexual harassment claim
against the corrections service, filed by an employee that was abused by a
prison chaplain. Management promptly initiated an investigation, resulting in
the resignation of the chaplain, who had no later contact with the employee.
McMorris v. Louisiana State Penitentiary, #07-30427, 2008 U.S. App. Lexis 71
(Unpub. 5th Cir. 2008).
California holds that a contract clinical social
worker assigned to work at a California prison was entitled to the protections
afforded by California's Fair Employment Act, and that DoC management had a
duty to act to stop the sexual harassment. Bradley v. Cal. Dept. of Corr. &
Rehab., #F049541, 2008 Cal. App. Lexis 78 (5th Dist.).
Appellate court revives a sexual harassment suit
brought by a female police officer; an employer's preventative and corrective
measures are not enough. The city also must demonstrate that the officer
unreasonably failed to take advantage of city's sexual harassment procedures.
Smith v. City of Chattanooga, #E2006-00635-COA-R3-CV, 102 FEP Cases (BNA) 475,
200? Tenn. App. Lexis 770.
Police management exercised reasonable care to
correct promptly alleged sexual harassment; employee observations are not
relevant to the question of whether notice can be imputed to an employer, and
female officers must use the established complaint procedure to establish
actual notice. Weger v. City of Ladue, #06-1970, 2007 U.S. App. Lexis 21909,101
FEP Cases (BNA) 917 (8th Cir.).
Woman code enforcement officer failed to prove
that she was subjected to an objectively hostile work environment. Larocque v.
City of Eastpointe, #06-1752, 101 FEP Cases (BNA) 958, 2007 U.S. App. Lexis
21047 (6th Cir.).
Illinois appellate court overturns an Order of
the Illinois Human Rights Commission, finding that a Sheriff's Dept. was
strictly liable for the sexual harassment of an employee; management took corrective
measures after learning of the misconduct. Sangamon Co. Sheriff's Dept. v.
Illinois Human Rights Cmsn., #4-06-0445, 2007 Ill. App. Lexis 947. Federal jury
awards $150,000 to a woman officer that received porn in her mailbox every day.
She also recovered $340,000 in attorneys' fees. She alleged that four command
rank officers and seven sergeants tried to deny her allegations. McDermott v.
City of Chicago, #1:06-cv-02910 (N.D.Ill.).
Fifth Circuit affirms a jury award of $600,000
damages and $315,000 legal fees in an action for sexual harassment and
retaliation. The plaintiff is a former Houston police officer assigned to the
motorcycle squad. Kruezer v. City of Houston, #05-20796 (Unpub. 5th Cir. 2007);
Summary Affirmance Order at 2007 U.S. App. Lexis 13784; verdict summarized at
29 (3) Empl. Discrim. Rep. (BNA) 83.
Occasional incidents of sexually
"inappropriate" language by co-workers were not severe and pervasive
enough to show that female correctional employee faced a hostile work environment
constituting sexual harassment in violation of federal law. The complained of
remarks were "isolated" incidents, offhand comments, and simple
"teasing." Benny v. Penn. Dept. of Corrections, #05-5499, 2006 U.S.
App. Lexis 28596 (3rd Cir.). [N/R]
Seventh Circuit finds no liability in a sexual
harassment suit against a Wisconsin county. Management took reasonable care to
prevent and correct any harassing behavior and the plaintiffs failed to take
advantage of any preventive or corrective opportunities that the county
provided. There was no evidence that the plaintiffs suffered an adverse
employment action and management demoted the supervisor. Jackson v. County of
Racine, # 05-4070, 99 FEP Cases (BNA) 1025, 2007 U.S. App. Lexis 1635 (7th
Cir.). [N/R]
U.S. Supreme Court declines to review an
appellate decision that the FBI was not liable for the sexual harassment of a
computer specialist that was "forced" to submit to her superior's
sexual demands. The FBI had adequate procedures in place to address harassment
and promptly took remedial action once she reported the problem. Lutkewitte v.
Gonzalez, U.S., #00cv02484, 436 F.3d 248, 97 FEP Cases (BNA) 649 (D.C. Cir.
2006); cert den., #06-28, 2006 U.S. Lexis 9556, 75 U.S.L.W. 3312. {N/R}
A routine police uniform inspection regime is not
a sexually hostile activity, even if a supervisor commented about her tight
fitting clothes. Sword-Frakes v. City of N. Las Vegas, #2:04-CV-01718, 2006
U.S. Dist. Lexis 69524 (D. Nev.). {N/R}
Simple teasing and sporadic sexual remarks do not
cause a hostile work environment, absent more severe and pervasive conduct.
Benny v. Pennsylvania Dept. of Corrections, #05-5499, 2006 U.S. App. Lexis
28596 (3rd Cir. 2006). {N/R}
A single request for a date is not a request for
sex. Stone-Clark v. Blackhawk, #04-0373, 2006 U.S. Dist. Lexis 79353 (D.D.C.
2006). {N/R}
Simple teasing and isolated incidents, unless
extremely serious, do not constitute a hostile work environment. Benny v. Penn.
Dept. of Corr., #05-5499, 2006 U.S. App. Lexis 28596 (3rd Cir. 2006); 400
F.Supp.2d 831 affirmed (W.D. Pa.). {N/R}
Federal court dismisses a sexual harassment suit
filed by a woman firefighter who failed to file a written complaint against her
superior. Hogan v. City of El Dorado, #04-CV-1084, 2006 U.S. Dist. Lexis 71218
(W.D. Ark. 2006). {N/R}
A new sheriff may be held liable for sexual
harassment committed during a former sheriff's administration, because Title
VII vests broad equitable discretion in the federal courts to remedy Title VII
violations. Briggs, v. Waters, #2:06cv154, 2006 U.S. Dist. Lexis 72740 (E.D.
Va. 2006). {N/R}
Arbitrator holds that an employer is not liable
to a former employee, even though her supervisor had sexually harassed her, because
she chose to maintain a journal to build up her case rather than to promptly
report the supervisor's conduct. The employer conducted an immediate
investigation once the conduct was reported and terminated him one week later.
Travelers Indemnity and Indiv. Grievant, 122 LA (BNA) 569, AAA #58-160-00067-05
(Teitelbaum, 2006). {N/R}
Sixth Circuit overturns a $163,792 sexual
harassment verdict awarded to a deputy sheriff against the county, because
officials took swift corrective action after it was reported Rudd v. Shelby
County, #04-5939, 2006 U.S. App. Lexis 358 (6th Cir. 2006). {N/R}
Federal court dismisses a suit by a student who
was sexually abused by a sheriff's deputy that took advantage of her during the
agency's ride-along program. There was no evidence that management was aware of
or tolerated sexual misconduct. Reinhardt v. Dennis, #1:04-CV-105, 2005 U.S.
Dist. Lexis 27856 (W.D. Mich. 2005). [2006 FP Feb]
A county can be liable for sexual harassment in
the workplace, even if the offender is a non-employee independent contractor.
Dunn v. Washington Co. Hospital, 2005 U.S. App. Lexis 24660 (7th Cir. 2005).
{N/R}
Eighth Circuit holds that words alone can create
a hostile work environment. Although a woman deputy sufficiently alleged a
valid harassment claim, the panel ruled 2-to-1 that she failed to prove a
constructive discharge claim. Although the atmosphere initially was
intolerable, the harassment subsided 3 months before she quit. Wright v.
Rolette County, #04-2766, 417 F.3d 879, 2005 U.S. App. Lexis 16429, 96 FEP
Cases (BNA) 385 (8th Cir. 2005). [2005 FP Nov]
California Supreme Court concludes that
favoritism, given by a prison warden to a subordinate because of their sexual
involvement, can constitute sexual harassment of other workers under the
state's employment civil rights law. Miller v. Dept. of Corrections, #S114097,
36 Cal.4th 446, 115 P.3d 77, 2005 Cal. Lexis 7606 (2005). [2005 FP Oct]
Eighth Circuit rejects a hostile work environment
sexual harassment and constructive discharge claim, where the plaintiff, a
state employee, failed to show that the harassment was severe and pervasive
enough to alter her employment. Tatum v. Arkansas Dept. of Health, #04-3543
2005 U.S. App. Lexis 11745, 95 FEP Cases (BNA) 1697 (8th Cir. 2005). {N/R}
"Lewd and vulgar comments" created a
sexually hostile environment. Federal court allows two male civilian Navy
police officers to proceed to trial with sexual harassment claims against their
female boss. Anderson v. England, #3:03CV116, 359 F.Supp.2d 213, 2005 U.S.
Dist. Lexis 3703, 95 FEP Cases (BNA) 776 (D. Conn. 2005). {N/R}
A federal court in Iowa rule rejects a
pre-employment strength test that disqualified a disproportionate number of
women. The fact that the test may have significantly reduced worker injuries
was an insufficient justification for its use. EEOC v. Dial Corp.,
#3-02-CV-10109, 2005 U.S. Dist. Lexis 1965 (D. Iowa 2005). [2005 FP May]
Postal Service worker who was sued in federal
court for sexually assaulting a coworker is ordered to provide a cheek swab and
a blood sample for DNA testing. D'Angelo v. Potter, #01-12227, 224 F.R.D. 300,
2004 U.S. Dist. Lexis 20540 (D. Mass. 2004). {N/R}
Because the State Police had a written
anti-harassment policy and took prompt remedial action after a dispatcher
alleged that a sergeant had touched her, the agency was not liable. McCurdy v.
Arkansas State Police, #03-3058, 375 F.3d 762, 2004 U.S. App. Lexis 15277 (8th
Cir. 2004). {N/R}
Appeals court finds the city acted promptly and
effectively, following the plaintiff's sexual harassment complaint, and her
resignation was not a constructive discharge. A summary judgment for the city
is affirmed. McPherson v. City of Waukegan, #03-2738, 2004 U.S. App. Lexis
16513 (7th Cir. 2004). {N/R}
Federal court refuses to dismiss a suit against
the city for sexual harassment. A male officer displayed a pornographic picture
on a general-use computer and then laughed about the coworker's subsequent
distress. Williams v. Chicago, N.D. Ill., #1:03-cv-2994, 2004 U.S. Dist. Lexis
13187 (N.D. Ill. 2004).{N/R}
Supreme Court holds that to establish
"constructive discharge," a plaintiff alleging sexual harassment must
show that the abusive working environment became so intolerable that her
resignation qualified as a fitting response. Pennsylvania State Police v.
Suders, #03-95, 2004 U.S. Lexis 4176 (2004). {N/R}
Federal court in Chicago holds that minor slights
to a black woman Islamic officer were insufficient to constitute harassment,
but repeatedly being called a "fucking bitch," accompanied by
stress-induced physical problems, stated a lawful claim. Muhammad v. Sheahan,
#02C2776, 2004 U.S. Dist. Lexis 4965 (N.D. Ill. 2004). [2004 FP Jul]
Supervisory state polices officers were not
entitled to qualified immunity in case alleging deliberate indifference toward
a male trooper's sexual harassment of women, where they failed to adequately
supervise the male officer, although they knew of his history of sexual misconduct.
Maslow v. Evans, #01-CV-3636, 2003 U.S. Dist Lexis 20316, 2003 WL 22594577
(E.D. Pa. 2003). {N/R}
Federal court finds that a supervisor's remarks
were severe and pervasive enough to refuse to dismiss a woman police officer's
suit. Her husband, also a police officer, could not maintain a claim for
retaliation. Although denied a transfer, it was a lateral position and he
suffered no economic loss. Valenti v. City of Chicago, #01 C 8581, 2004 U.S.
Dist. Lexis 2779 (N.D. Ill. 2004). [2004 FP May]
Appeals court affirms dismissal of sex
discrimination and retaliation claims, because the plaintiff did not suffer an
adverse employment action and the employer had a legitimate, non-pretextual
reason for marking her absent without pay. Her harassment claim also fails
because the harassers were not her "supervisors" and the employer was
not negligent in remedying the alleged harassment. Rhodes v. Illinois Dept. of
Transp., #03-1651, 359 F.3d 498, 2004 U.S. App. Lexis 3668 (7th Cir.2004).
{N/R}
While the presence of pornographic movies and
magazines in the workplace created a hostile work environment for the only
woman at the job site, a federal appeals panel noted that the person in charge
was not her supervisor and the agency has a zero tolerance policy. Rhodes v.
Illinois Dept. of Transportation, #03-1651, 359 F.3d 498, 2004 U.S. App. Lexis
3668 (7th Cir. 2004). {N/R}
Arbitrator upholds a 10-day suspension of a male
county employee who asked a woman coworker, "When are you going to let me
squeeze the Charmin?" County of Sacramento and United Public Employees
L-1, 118 LA (BNA) 1702 (Bogue, 2003).
Federal appeals court holds that a dispatcher
trainee stated a claim for harassment because of her gender. Although an
instructor's misconduct was pervasive and hostile, the class had both a male
and female student. He also treated her differently, and the city could not
assure her that she would not be retaliated against. Her termination, however,
was for just cause and was not related to her harassment complaint. Thomas v.
Town of Hammonton, #02-3983, 2003 U.S. App. Lexis 24431 (3d Cir.2003). [2003 FP
Mar]
Arbitrator concludes that an employee was not the
victim of sexual harassment, where one supervisor allegedly made
"suggestive comments" and another supervisor supposed pried into her
personal business. Southern Nuclear Operating and IBEW L-84, 118 LA (BNA) 1227
(Barry Baroni, 2003). {N/R}
A sexual harassment claim against the Chicago
Police fails. The ex-officer failed to report a coworkers gender-biased slurs
until after she flunked the academy. Durkin v. City of Chicago, No. 02-2358,
2003 U.S. App. Lexis 17541 (7th Cir. 2003). {N/R}
Federal appeal court holds that an employer can
be vicariously liable for harassment by a nonsupervisory superior coworker if
the harasser has the authority to create a hostile work environment for
subordinate coworkers. Mack v. Otis Elevator, #02-7056, 326 F.3d 116, 2003 U.S.
App. Lexis 6948, 91 FEP Cases (BNA) 1009 (2nd Cir. 2003). {N/R}
Seventh Circuit revives a complaint. Although the
plaintiff failed to use the employer's complaint procedures in a timely
fashion, she made an oral report of harassment only eight days after the last
act of harassment and her suit should not have been dismissed. Hardy v. Univ.
of Illinois, #02-2454, 2003 U.S. App. Lexis 8679 (7th Cir. 2003). {N/R}
A prison warden's preferential treatment of his
paramours was not pervasive harassment and did not alter the conditions of the
plaintiffs' employment because of their gender. Mackey v. Dept. of Corrections,
#C040262, 105 Cal.App. 4th 945, 130 Cal.Rptr.2d 57, 2003 Cal. App. Lexis 120,
90 FEP Cases (BNA) 1651 (2003). {N/R}
California appeals court holds that a male executive's
order to fire a female employee because she failed to meet his personal
standards for sexual attractiveness is an act of sex discrimination, when
similar standards are not applied to men. A subordinate's refusal to carry out
that order was a protected activity, and she can recover damages for
retaliation, including an emotional distress claim, which is not barred by
workers' compensation laws. Yanowitz v. L'Oreal, #A095474, 2003 Cal. App. Lexis
342 (1st Dist. 2003). [2003 FP May]
Federal appeals court rejects the argument that a
state agency is immune, under the 11th Amendment, from a Title VII sexual
harassment claim. Downing v. Bd. of Tr. of Univ. of Alabama, #00-10481, 321
F.3d 1017, 2003 U.S. App. Lexis 2697, 91 FEP Cases (BNA) 78 (11th Cir. 2003).
{N/R}
A prison warden's preferential treatment of his
paramours was not pervasive harassment and did not altered the conditions of
the plaintiffs' employment because of their gender. Mackey v. Dept. of
Corrections, #C040262, 105 Cal.App.4th 945, 130 Cal.Rptr.2d 57, 2003 Cal. App.
Lexis 120, 90 FEP Cases (BNA) 1651 (2003). {N/R}
Federal court refuses to dismiss a claim that a
male coworker "created a hostile work environment" by watching
"pornography on the Internet in full view of [other] city employees."
Coniglio v. City of Berwyn, #99CV4475, 2000 U.S. Dist. Lexis 9841 (N.D. Ill.
2000). {N/R}
A sheriff's sexually-suggestive touching of male
officers was not sexual harassment, but his touching of a woman deputy's breast
was actionable. Hawkins v. Holloway, #01-3336, 2003 U.S. App. Lexis 639 (8th
Cir. 2003). [2003 FP Apr]
Arbitrator determines that while a woman city employee
suffered severe mental anguish after a male firefighter displayed a porn pic
that resembled her, she failed to seek paid injury leave within the specified
time limit, and was not so mentally distraught as to excuse the delay. City of
Dayton and IAFF L-136, 117 LA (BNA) 1142, AAA Case #52-390-00021-00 (Imundo,
2002). [2003 FP Mar]
Supreme Court declines to review a decision that
a plaintiff's unpaid, volunteer activities -- for a nonprofit organization that
provided her workspace and clerical support -- was not an "employee"
under Title VII, and her claims of sexual harassment are not actionable. York
v. Assn. of Bar of City of N.Y., #02-667, review denied at 2002 U.S. Lexis
9280, 71 U.S.L.W. 3415; ruling below, #01-7908, at 286 F.3d 122, 2002 U.S. App.
Lexis 5947, 88 FEP Cases (BNA) 833 (2d Cir. 2002). {N/R}
A divided Seventh Circuit holds that a lateral transfer
is not an "adverse personnel action" for Title VII purposes. White v.
BNSF Ry., #00-6780, 310 F.3d 443, 2002 U.S. App. Lexis 23422; 2002 FED App.
0391P (6th Cir. 2002). {N/R}
N.Y appellate court holds that a commissioner's
promotion of an employee with whom he had personal relationship did not create
hostile work environment; an isolated act of preferential treatment of an
employee, based on a consensual relationship, is not sex discrimination. Fella
v. County of Rockland, 2001-06795, 747 N.Y.S.2d 588, 2002 N.Y. App. Div. Lexis
8871, 90 FEP Cases (BNA) 247 (App. Div. 2002). {N/R}
Federal court refuses to dismiss a retaliation
and gender bias suit filed by a male corrections employee, who was fired after
a history of conflict with women supervisors. Kulikowski v. Boulder County,
#00-K-1472, 2002 U.S. Dist. Lexis 20361, 90 FEP Cases (BNA) 573 (D.Colo. 2002).
{N/R}
Federal court refuses to dismiss a private
citizen's §1983 suit for harassing conduct, brought against a detective and
village. Blasetti v. Pietropolo, #02 Civ. 2792, 213 F.Supp.2d 425, 2002 U.S.
Dist. Lexis 14351 (S.D.N.Y. 2002). [2003 FP Jan]
California's employment laws do not create
employer liability when a nonemployee client or customer sexually harasses an
employee. Salazar v. Diversified Paratransit, #B142840, 2002 Cal. App. Lexis
4869 (Cal. App. 2d Dist. 2002). {N/R}
Eighth Circuit affirms a verdict of $142,735
against the State of Missouri for two non-employee contractual nurses assigned
the work at a Dept. of Corrections facility. Hunt v. State of Missouri,
#00-3490, 297 F.3d 735, 89 FEP Cases (BNA) 867, 2002 U.S. App. Lexis 15773.
[2002 FP Nov]
Tenth Circuit rules that physical losses must
accompany an award for mental anguish. Wilson v. Muckala, #00-5131, 2002 U.S.
App. Lexis 17283 (10th Cir. 2002). {N/R}
Federal appeals court reverses a jury verdict for
the plaintiff, that found sexual harassment and constructive discharge; the
alleged harassment was neither severe nor pervasive. Duncan v. G.M. Corp.,
#00-3544, 300 F.3d 928, 89 FEP Cases (BNA) 1105, 2002 U.S. App. Lexis 17369
(8th Cir. 2002). {N/R}
A warning to an employee not to discuss her
complaint of sexual harassment with anyone did not excuse her delay in bringing
a legal action. An employer "has a right to take steps to prevent an
employee from spreading what may be groundless rumors concerning improper
conduct by another employee." Beckel v. Wal-Mart, #02-1208, 2002 U.S. App.
Lexis 17876 (7th Cir. 2002). {N/R}
Woman supervisor's propositions and continued mistreatment
of a male subordinate did not rise to the Faragher standard of severe and
pervasive hostile work environment, and was not motivated by gender bias. The
superior treated all subordinates badly. Walker v. National Revenue, #00-4531,
2002 U.S. App. Lexis 15696 (6th Cir. 2002). [2002 Oct. FP]
Michigan Supreme Court holds that a lesbian
police lieutenant could not use a city charter's anti-discrimination clause to
bring a damage suit for sexual orientation discrimination. She could sue for
gender-based harassment, however. Mack v. City of Detroit, #118468, 2002 Mich.
Lexis 1422 (2002). [2002 FP Oct]
A corrections sergeant who alleged seven
instances of hostile or abusive comments on her gender and pregnancy adequately
pled a claim for hostile work environment discrimination. Gorski v. N.H. Dept.
of Corrections, #01-1995, 290 F.3d 466, 2002 U.S. App. Lexis 9828 (1st Cir.
2002). {N/R}
A volunteer is not an employee for Title VII
purposes, and her claim for sexual harassment must fail. York v. Assn. of the
Bar, #01-7908, 286 F.3d 122, 88 FEP Cases (BNA) 833, 2002 U.S. App. Lexis 5947
(2nd Cir. 2002). [N/R]
Judge overturns a jury verdict of $150,000, that
had been awarded because an employer aggressively investigated an off-duty sexual
harassment claim. Jackson v. McCrory, Comm. Pl. Ct. of Phila. Co. (2002). (The
opinion was not published, but was summarized in the Legal Intelligencer of
April 16, 2002). [2002 FP Jul]
Appeals court affirms the dismissal of a suit
against a police lieutenant who had singled out a woman officer for scrutiny
during a uniform inspection. Hilt-Dyson v. Chicago, #01-2095, 2002 U.S. App.
Lexis 2947 (7th Cir.). [N/R]
Management, in separating a complaining employee
from a harassing coworker, took reasonable steps to prevent future harassment,
even if the offending employee later harasses another employee. Longstreet v.
IL Dept. of Corr., #01-1849, 276 F.3d 379, 2002 U.S. App. Lexis 567, 87 FEP
Cases (BNA) 1375 (7th Cir. 2002). [N/R]
The New Mexico Dept. of Public Safety has agreed
with the Justice Dept. to implement new policies governing sexual harassment,
racial harassment and retaliation. The court-approved agreement ends a DoJ
lawsuit, arising out of an EEOC charge of sexual harassment, filed by former
State Police Lieutenant. U.S. v. New Mex. D.P.S. (D.N.M. 2001); DoJ Press
Release No. 01-541. [N/R]
Federal appeals court reverses the dismissal of a
woman police officer's sexual harassment claims for a purported failure to
exhaust her administrative remedies; new trial ordered. B.K.B. v. Maui Police
Dept., #99-17087, 276 F.3d 1091, 2002 U.S. App. Lexis 276, 87 FEP Cases (BNA)
1306 (9th Cir. 2002). [N/R]
California Court of Appeal holds that employers
are strictly liable under state law for sexual harassment by supervisors; a
federal defense available to employers that take steps to address harassment
claims does not apply. Dept. of Health Services v. The Superior Court of
Sacramento County (McGinnis) #C034163, 2001 Cal. App. Lexis 2675, 01 C.D.O.S.
9999. {N/R}
A California deputy sheriff has been sentenced to
30 days in jail for fondling a woman volunteer firefighter while at a fire
scene. The deputy was convicted of misdemeanor sexual battery and was ordered
to register as a sex offender. People v. Dolfin, Santa Clara Co. Superior Court
(11-5-2001). {N/R}
Federal appeals panel rejects a suit by a former
officer who complained of discrimination because coworkers cursed each other
and some asked her personal questions about her romantic life. Conto v. Concord
Hospital, #01-1017, 2001 U.S. App. Lexis 20618 (1st Cir.). [2001 FP 156]
Seventh Circuit holds that the hostile treatment
of a woman sheriff's employee was not actionable as gender bias if it was a
manifestation of the harasser's animosity towards her husband, another officer.
She must be victimized because of her gender. Rizzo v. Sheahan, #00-2494, 2001
U.S. App. Lexis 20633 (7th Cir.). [2001 FP 156]
Federal court in N.Y. City rejects the claims of
a volunteer attorney who sought to hold the bar association liable for sexual
harassment. York v. Assn. of the Bar, #00 Civ. 5961, 2001 U.S. Dist. Lexis
9457, 86 FEP Cases (BNA) 452 (S.D.N.Y. 2001). [2001 FP 140-1]
Arbitrator overturns a 15-day suspension of a sheriff's
officer who told a joke that had two meanings, one of which had a sexual
inference. Management and the complainant had overreacted to a tasteless joke.
Sheriff of Cook County and Metro. Alliance of Police C-222, 115 LA (BNA) 1346
(Wolff, 2001). [2001 FP 141]
Supreme Court reiterates that Title VII sexual
harassment lawsuits must involve conduct that is severe or pervasive enough to
alter the conditions of the victim's employment and create an abusive working
environment. Clark Co. Sch. Dist. v. Breeden, #00-866, 532 U.S. 268, 121 S.Ct.
1508, 2001 U.S. Lexis 3365, 69 L.W. 3684. [2001 FP 76]
Federal appeals court rejects the claim that poor
evaluations creates an intolerable hostile environment. “Repeatedly receiving
poor evaluations would be unpleasant for anyone, but it does not rise to the
level of such intolerable conditions that no reasonable person would remain on
the job.” Pipkins v. City of Temple Terrace, #01-11736, 2001 U.S. App. Lexis
21106 (11th Cir.). {N/R}
Federal court dismisses a gender bias suit where
the chief executive called a woman employee a whore and generally mistreated
women. The conduct was not sufficiently offensive. Solomon v. Giorgio Armani
Corp., #99 Civ. 1838, 2000 U.S. Dist. Lexis 18879 (Unpub. S.D.N.Y. 2000). {N/R}
Prison inmate could be included in Title VII's
definition of “employee” for sexual harassment purposes, as she was not
required to perform work as an inmate. Cleveland v. State of Iowa, #CL-82312,
86 FEP Cases (BNA) 464 (Unpub. Dist. Ct. Polk Co. Iowa, 2000). {N/R}
A single episode of sexual harassment, followed
by a prompt removal of the harasser from the workplace, prevented a successful
claim of hostile work environment. Her claim of later being shunned by male
coworkers did not rise to the level of a compensable claim. Brooks v. City of
San Mateo, #98-15818, 214 F.3d 1082, 2000 U.S. App. Lexis 12165, 83 FEP Cases
(BNA) 55; reh. en banc den. 229 F.3d 917, 2000 U.S. App. Lexis 26413 (9th
Cir.). [2000 FP 123-4]
Teasing and isolated conduct was insufficient to
prove a woman officer's claims of hostile work environment, disparate
treatment, and constructive discharge. Matthews v. City of Gulfport, 72
F.Supp.2d 1328, 1999 U.S. Dist. Lexis 16919, 82 FEP Cases (BNA) 1603
(M.D.Fla.). [2000 FP 124-5]
Federal appeals court upholds a $100,000
harassment verdict because a coworker glared at her. Curry v. Dist. of Col.,
#98-7121, 195 F.3d 654, 1999 U.S. App. Lexis 29442, 81 FEP Cases (BNA) 307
(D.C. Cir); cert. den. 2000 U.S. Lexis 3838. [2000 FP 125]
Florida appellate court overturns “common law”
negligence $206,250 verdict against a city for tolerating a sexually hostile
work environment. State supreme court has agreed to review the claim. Miami
Beach v. Guerra, #99-827, 746 So.2d 1159, 1999 Fla. App. Lexis 15667 (3rd
Dist.); review granted, Fla. Sup. Ct. (May, 2000). [2000 FP 108]
Federal court dismisses woman correctional
officer's claim against management because of inmate sexual harassment; her
superiors were not negligent, and she should expect inmates to misbehave.
Powell v. Morris, 37 F.Supp.2d 1011, 1999 U.S. Dist. Lexis 2454, 81 FEP Cases
(BNA) 899 (S.D. Ohio). [2000 FP 75]
Federal appeals court upholds a jury verdict that
a woman officer's transfer from the mounted unit to the training academy was a
constructive demotion. Sharp v. City of Houston, 164 F.3d 923, 1999 U.S. App.
Lexis 315, 78 FEP Cases (BNA) 1779 (5th Cir. 1999). [2000 FP 13-14]
Retaliatory conduct must be sufficiently severe
before a court will label a requested transfer or demotion as involuntary. U.S.
Appeals panel denies relief to a supervisor who asked for a demotion to escape
allegedly hostile working conditions. Simpson v. Borg-Warner, #99-1048, 196
F.3d 873, 1999 U.S. App. Lexis 30018, 81 FEP Cases (BNA) 850 (7th Cir.). [2000
FP 14]
New York parole officer who alleged she was
plagued by workplace rumors about her former profession as a prostitute could
proceed with sexual harassment and retaliation claims under Title VII. However,
the Div. of Parole was immune from her claims that the they failed to protect
her from a dangerous fieldwork assignment. Nash v. N.Y. Parole Div., #96 Civ.
8354, 1999 U.S. Dist. Lexis 16066 (S.D.N.Y.). {N/R}
Reporting harassment 3 months after the first
incident was too untimely to predicate employer liability, even though she
reported it 5 days after the last incident. Dedner v. St. of Okla., 42
F.Supp.2d 1254 (E.D.Okla. 1999). {N/R}
California's Fair Employment law does not impose
liability for sexual harassment on nonsupervisory coworkers. Carrisales v.
Dept. of Corr., 21 Cal.4th 1132, 988 P.2d 1083, 1999 Cal. Lexis 8161, 90
Cal.Rptr.2d 804; 81 FEP Cases (BNA) 770. {N/R}
U.S. Supreme Court declines to review a decision
by the Fifth Circuit that the "boorish and offensive" remarks by a
Texas state government employee's co-worker were not severe enough to create a
sexually harassing hostile environment. Shepherd v. Comptroller, 168 F.3d 871,
1999 U.S. App. Lexis 4152; cert.den. 1999 U.S. Lexis 7073.
Police dept's overly intrusive investigation of a
complainant's personal life may lead to liability. Sarro v. City of Sacramento,
78 F.Supp.2d 1057, 1999 U.S. Dist. Lexis 19589, 81 FEP Cases (BNA) 1142 (E.D.
Cal. 1999). [2000 FP 45-6]
Town was not entitled to a summary judgment in a
suit brought by a woman fire lieutenant, who was subjected to an obscene verbal
barrage by a male worker, in the presence of her subordinates. A gender-based
attack on her competence could undermine her ability to lead subordinates
during life-threatening circumstances. Howley v. Town of Stratford, #99-7966,
217 F.3d 141, 83 FEP Cases (BNA) 293 (2d Cir.). {N/R}
A sexual harassment claimant need not disclose
information about her extramarital affairs; employer claimed that these could
constitute alternative sources of stress for emotional damage that she
attributes to employer's actions. Robinson v. Canon, 2000 U.S. Dist. Lexis
4644, 82 FEP Cases (BNA) 1129 (W.D. Mo. 2000). {N/R}
Appeals court dismisses a sexual harassment
lawsuit brought by a Mexican-American police officer. Even if she verbally
complained of sexual harassment to the person processing her EEO complaint, she
failed to make that charge in writing; her written complaint did not provide
her employer "with timely notice of said claim." Vela v. Sauk
Village, #99-3262, 218 F.3d 661, 2000 U.S. App. Lexis 14477, 83 FEP Cases (BNA)
227 (7th Cir.). {N/R}
In a harassment trial, it was error to admit
evidence of the plaintiff's past sexual behavior. Whether a sexual advance was
welcome or not "does not turn on the private sexual behavior of the
alleged victim." Wolak v. Spucci, 2000 U.S. App. Lexis 14480, 217 F.3d
157, 83 FEP Cases (BNA) 253 (2nd Cir.). {N/R}
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]
Evidence of employers conduct: 10th Circuit
concludes it was error to allow testimony, in a suit alleging harassment of a
woman worker by other males, that the plaintiff's superior was a male
homosexual. Lockard v. Pizza Hut, Nos. 97-7027, 97-7078, 1998 U.S. App. Lexis
31198, 162 F.3d 1062, 78 FEP Cases 1026 (10th Cir.). [1999 FP 28-9]
Federal court in Texas says it is was not
unlawful for a commander to be mean to a sergeant because of her gender. His
anti-female bias, although offensive, did not include sexual behavior. To be
actionable, said the judge, "workplace harassment must be both
subjectively and objectively hostile and abusive." Caro v. Dallas, 1998
U.S. Dist. Lexis 13070, 17 F.Supp.2d 618 (N.D.Tex). [1999 FP 11]
Law review article: Employer defenses to sexual
harassment claims, 6 Duke J. of Gender L. & Policy 27 (1999). {N/R}
Single verbal insult does not create a hostile
work environment. Porta v. Dukes, #98-2721, 1998 WL 470146, 1998 U.S. Dist.
Lexis 12325 (E.D.Pa.). [1998 FP 172]
Supreme Court issues multiple opinions on when an
employer is liable for a supervisor's harassment. Employers can prevent some
liability by taking prompt, corrective action. Burlington Indus. v. Ellerth,
#97-569, 118 S.Ct. 2257, 1998 U.S. Lexis 4217; Faragher v. City of Boca Raton,
#97-282, 118 S.Ct. 2275, 1998 U.S. Lexis 4216; Gebser v. Lago Vista Ind. Sch.
Dist., #96-1866, 1998 U.S. Lexis 4173, 118 S.Ct. 1989. [1998 FP 123-4]
Federal court dismisses suit against a former Governor
and a state police officer, based on an alleged single act of indecent
exposure. Plaintiff, then a state employee, was unable to show that she
suffered any job-related detriment or the act constituted a hostile work
environment. (Paula) Jones v. Clinton, 990 F.Supp. 657, 1998 U.S. Dist. Lexis
3902, 76 FEP Cases (BNA) 589 (E.D.Ark.). [1998 FP 77]
En banc federal appeals court holds that white
males cannot bring a "hostile environment" claim if their supervisor
verbally disparages blacks and women. Childress v. City of Richmond, 134 F.3d
1205, 1998 U.S. App. Lexis 552, 75 FEP Cases (BNA) 1167 (4th Cir.). [1998 FP
59-60]
Colorado appellate court overturns a $640,000
verdict for an employee and against his employer. Panel holds that an employer
cannot be sued for a negligent internal investigation and a failure to promptly
exonerate the employee from a sexual harassment complaint. Williams v.
Continental Airlines, #95CA0469, 943 P.2d 10, 1996 Colo. App. Lexis 260, 12 IER
Cases (BNA) 13. {N/R}
Management reasons for imposing disciplinary
action or requiring counseling are discussed, in cases where the recipient of a
sexually suggestive remark did not complained or was not offended: Olive v.
Scottsdale, 969 F.Supp. 564 [1998 FP at 568 - Bartosh and Heidingsfield
affidavits] (D.Ariz. 1996). {N/R)
Fact that victim of harassment had accompanied
the offender to a "strip bar" does not excuse the conduct, when (a)
another coworker had accompanied her to the bar and (b) her superior's implied
threat to rape her far exceeded any expected behavior. Feltner v. Partyka, 945
F. Supp. 1188 and Feltner v. Title Search Co., 75 FEP Cases (BNA) 159 (N.D.Ind.
1996). {N/R}
Federal court rejects suit by a woman employee
complaining that other female workers are permitted to wear
"provocative" clothing that is demeaning to women. McKeown v.
Dartmouth Bookstore Inc., 1997 U.S. Dist. Lexis 13421 (D.N.H. 1997). [1997 FP
155-6]
Fed. 10th Cir. panel holds that police officers
can be liable under Sec. 1983 for off-duty sexual harassment. Suit was brought
by another officer who moonlighted with the defendants. David v. City/Co. of
Denver, 99 F.3d 1344 (10th Cir. 1996). [1997 FP 104-5]
Federal 6th Circuit panel rejects a Title VII
suit against her supervisors; employer was not liable for their harassment
either. Wathen v. G.E. Co., 115 F.3d 400, 1997 U.S.App. Lexis 13586 (6th Cir.).
[1997 FP 105]
Federal appeals panel holds that an employer can
be liable for sexual harassment by a non-employee with whom a worker is
required to be in contact with. Folkerson v. Circus Circus, 107 F.3d 754 (9th
Cir. 1997). [1997 FP 92]
Police sergeant was not acting in an official
capacity when he allegedly harassed a dispatcher; as he lacked authority to
affect the complainant's employment with the city, her civil rights claim must
fail. Bonenberger v. Plymouth Twp., 1996 U.S. Dist. Lexis 19440, 72 FEP Cases
(BNA) 1241 (E.D.Pa. 1996). [1997 FP 74-5]
Massachusetts Supreme Court holds that the
state's Workers Comp. law prevents a plaintiff from suing for the intentional
or negligent infliction of emotional distress. Green v. Wyman-Gordon, 422 Mass.
551, 664 N.E.2d 808 (1996). [1997 FP 27]
Federal appellate court rules that same gender
harassment is actionable if the harasser is a homosexual, but not if the
harasser is straight. Wrightson v. Pizza Hut, 65 LW 2311 (4th Cir. 1996). {N/R}
Employee who pointed to his crotch and said to a
woman coworker, "suck on this," had uttered "the most offensive
remark that can be made from a male to a female," thus warranting the his
termination. Hughes Fam. Mkts. and UFCW L-770, 107 LA (BNA) 331/333 (Prayzich,
1996). {N/R}
Police department's investigation of allegations
of sexual harassment made against police officer, which included interviews
with officer's wife and others about his sexual lifestyle, did not violate
clearly established principles of constitutional privacy. Hughes v. City of N.
Olmsted, 93 F.3d 238 (6th Cir. 1996). {N/R}
Article: "Sexual harassment in California
law enforcement: a survey of women police officers," 30 (4) J.Calif.L.Enf.
82-87 (1997).
4th Circuit holds that
heterosexual-on-heterosexual harassment is not allowed under Title VII, even
though aggressor made explicit comments, poked and fondled him. Aggressor must
be homosexual or bisexual for Title VII purposes. Mayo v. Kiwest Corp., 71 FEP
Cases (BNA) 736, 1996 U.S. App. Lexis 20445 (4th Cir. 1996). {N/R}
Court allows use of interoffice e-mail messages
in a damage suit alleging sexual harassment. Strauss v. Microsoft Corp., 1995
U.S.Dist. Lexis 7433, 68 FEP Cases (BNA) 1577 (S.D.N.Y). [1996 FP 132-3]
State anti-discrimination and worker's comp laws
prevented a damage suit, brought by an ex-officer who was harassed by fellow
officers. Choroszy v. Wentworth, 915 F.Supp. 446 (D.Mass. 1996). [1996 FP 156]
Federal court allows worker to sue for emotional
distress arising out of sexual harassment and gender discrimination claims,
reasoning that those injuries did not arise "out of the course of
employment" as required by a Maine statute. Caldwell v. Federal Express,
908 F.Supp. 29 (D.Me. 1995). [1996 FP 156]
White male officers lacked the standing to sue
for a supervisor's hostility to black or women officers. Childress v. City of
Richmond, 907 F.Supp. 934 (E.D.Va. 1995). [1996 FP 93]
Offensive language and suggestive touching was
not a sufficient basis to warrant damages for the infliction of emotional
distress. Howry v. NISUS, 910 F.Supp. 576 (M.D. Fla. 1995). [1996 FP 77]
Crude telephone remarks overheard by the
plaintiff do not create a hostile environment, even when coupled with the
wearing of trousers with a hole in the crotch area. Lewis v. Zilog, 908 F.Supp.
931 (N.D.Ga. 1995). [1996 FP 77]
City that obtains contractual law enforcement
from the county is not an "employer" of an officer who is assigned to
that city. Gallardo v. Bd. Co. Cmsnrs., 881 F.Supp. 525 (D.Kan. 1995). [1996 FP
28]
Woman motorist, stopped for speeding, accepts
$452,500 in damages to settle her suit that the police officer molested her.
Doe v. Town of Lake Hamilton, #93-2037-CIV-T-25A, 38 (8) ATLA L. Rptr. 304
(M.D.Fla. 1995). [1996 FP 12]
Woman correctional officers in suburban Chicago
will share $400,000 from a settlement reached with the Sheriff Dept. The
complaint alleged a 17-year refusal to allow women correctional officers to
transfer to patrol positions, the use of vulgar language and unwelcome physical
contact. U.S. v. McHenry Co., (N.D.Ill. 1995); see also 1994 U.S. Dist. Lexis
11643. {N/R}
City's prompt response to sex harassment claims
filed by two women police officers bars recovery of damages against the city.
Rouse v. City of Milwaukee, 921 F.Supp. 583 (E.D.Wis. 1996). {N/R}
Appellate panel rejects a claim that a sexually
explicit message, written on the plaintiff's coffee cup, created a hostile work
environment. Fred v. Wackenhut Corp., 860 F.Supp. 1401 (D.Neb.); aff'd w/o
opin., 53 F.3d 335 (8th Cir. 1995); cert.den. (1995). [1995 FP 173]
Repressed memory evidence: Federal court allows
expert testimony on Post Traumatic Stress Disorder and repressed memory of the
plaintiff who claimed he was sexually abused. Isely v. Capuchin Province, 877
F.Supp. 1055 (E.D. Mich. 1995). See also: "The Myth of Repressed
Memory," a book by Loftus and Ketcham, St. Martin's Press (1994), reviewed
in 86 (2) Journal of Criminal Law & Criminology 596-607 (1996). The
reviewer claims the book "offers proof that it is possible to implant in
someone's mind a complete memory with details of events and emotions concerning
a traumatic event that never happened." {N/R}
Anti-Discrimination Laws as Exclusive remedy: The
Illinois Human Rights Act provided an exclusive remedy, and prevented a suit
against an employer for the negligent hiring and retention of a person with
known tendencies for sexual harassment; the conduct complained of was the same
as is covered under the Act. Geise v. Phoenix Co., 159 Ill.2d 507, 69 FEP Cases
(BNA) 602 (1994). {N/R}
A single incident supported a hostile work
environment claim because of its severity. The assailant tore off the
plaintiff's shirt, beat her, hit her on the head, choked her with a phone cord,
held her captive overnight and forced her to have sex with him. Al-Dabbagh v. Greenpeace,
873 F.Supp. 1105, at 1108 (N.D. Ill. 1994). {N/R}
Employer was not liable to a female worker
because coworkers presented her with a birthday cake resembling a penis. Hansen
v. Dean Witter Reynolds, 887 F.Supp. 669 (S.D.N.Y. 1995). [1995 FP 156]
Evidence of sexual harassment in an employment
setting which is based solely on memory recalled through hypnosis is
inadmissible. Schall v. Lockheed Missiles, 44 Cal.Rptr.2d 191, 37 Cal.App.4th
1485, 68 FEP Cases 967 (1995). {N/R}
Federal appeals court reinstates suit by woman
officer who claimed she received repeated hang-up calls from a male officer;
dept. failed to obtain the telephone records or prevent repetition of the
calls. Fuller v. City of Oakland, 47 F.3d 1522 (9th Cir.); amended, 1995
U.S.App. Lexis 9148 (4/24/95). [1995 FP 107]
Woman detective could not sue a male detective
for appearing naked in front of her. Coworker was not an "employer"
under Title VII. Tumminello v. City of New York, 622 N.Y.S.2d 714 (A.D. 1995).
[1995 FP 108]
Calif. Fair Empl. law construed to hold coworkers
personally liable for harassing conduct. Matthews v. Super. Ct. (Regents U. of
C.), 1995 Cal.App. Lexis 395, 35 Cal.App. 4th 138, 67 FEP Cases (BNA) 1127
& 1274 [1995 FP 108]
Male employee who witnessed sexual harassment of
women coworkers cannot recover under Title VII as a bystander. Ramirez v.
Bravos's Holding, 67 FEP Cases (BNA) 733, 1995 U.S.Dist. Lexis 3377 (D.Kan.).
[1995 FP 108]
U.S. President, while in office, is not immune
from civil suits that arise from pre-election events and discovery may
continue, but the trial may be stayed during his term of office. Jones v.
Clinton, 858 F.Supp. 902 & 869 F.Supp. 690 (E.D.Ark. 1994), aff'd &
rev'd in part 72 F.3d 1354 (8th Cir. 1996). {N/R}
Woman state trooper trainee ordered reinstated;
she was subjected to verbal harassment by male troopers. Although terminated
for deficiencies, she was held to a higher standard than males. Grievance of
Deborah Butler, Vt. Lab.Rel. Bd. #93-17 (1994); 3 (2) Pub.Sfty.Lab. News 1.
{N/R}
Repressed Memory: The False Memory Syndrome
Foundation has compiled over 13,000 complaints in two years from persons who
claim a therapist influenced a patient to falsely accuse them of child or sex
abuse. A California jury awarded one such victim $500,000 on 5/13/94. See 80
ABA Journal 36-7 (8/94) and Sullivan v. Cheshire, 846 F.Supp. 654. Note: an
employer might be sued if the therapist is selected under an employer
assistance program.
Former employee who won an injunction prohibiting
the display of nude calendars in the workplace is awarded $74,040 in legal fees
and costs. Stair v. Lehigh Valley L-600 UBCJA, 1994 U.S. Dist. Lexis 5895 and
1993 U.S. Dist. Lexis 18753 (E.D.Pa. 1994). [1994 FP 156]
President of the United States is entitled to
file motion to resolve issue of his immunity in a sexual harassment suit, filed
by former state employee against him at a time he was the Governor. Amenability
of a sitting President to suits for civil damages raises significant and
important constitutional issues. Jones v. Clinton, 65 FEP Cases 545 (E.D.Ark.
1994). {N/R}
Supervisory deputy sheriff was not liable for
constructive discharge because he was not the employer of the harassed
subordinate, nor was he liable for the harm caused by others. He would be
liable for punitive damages for egregious conduct. Beardsley v. Webb, 65 FEP
Cases (BNA) 696 (4th Cir. 1994). {N/R}
Male employee who alleges that other male
employees have created a "hostile work environment" has not stated a
claim under Title VII. Fleenor v. Hewitt, 67 FEP Cases (BNA) 1625 (S.D.Ohio
1994); see also, Goluszek v. Smith, 697 F.Supp. 1452 (N.D.Ill. 1988). {N/R}
Arbitrator rules county had "just
cause" to suspend an employee who made sexually explicit telephone calls
to a resident during working hours. One-year probationary period was improper,
because it would remove the protections conferred by contract. Jasper Co. and
Pub. Prof. Empl. L-2003, 101 LA (BNA) 564 (Alexander, 1993). [1994 FP 140-1]
City may be liable for actions of a police chief
who allegedly fondled dispatchers and requested sexual favors because he
exercised some control over hiring, firing and promotions. Lankford v. City of
Hobart, 64 FEP Cases (BNA) 1305 (10th Cir. 1994). {N/R}
Federal court rules that police chief's
favoritism towards a paramour was quid-pro-quo sexual harassment of other
workers. Dirksen v. City of Springfield, 64 FEP Cases (BNA) 116 (C.D. Ill.
1994). [1994 FP 107]
Federal appeals court holds that a worker does
not suffer disparate-treatment discrimination merely because his or her
superior has an affair with another coworker. Candelore v. Clark County, 975
F.2d 588 (9th Cir. 1992). [1994 FP 107]
Supreme Court reaffirms view that a sexual
harassment complaint need not allege a tangible injury, but must be more than
"merely offensive." Harris v. Forklift Systems, Inc., 114 S.Ct. 367
(1993). [1994 FP 28]
Appeals panel upholds a five day suspension of a
male sergeant for sexually suggestive remark to a woman subordinate. Fact that
subordinate did not complain was irrelevant; others heard the conversation.
State ex rel. Rice v. Bishop, 858 S.W.2d 734 (Mo.App. 1993). [1994 FP 12]
No liability for harassment if chief promptly
investigates complaint and offers remedial action. Foster v. Twp. of Hillside,
780 F.Supp. 1026 (D.N.J. 1992). [1993 FP 13-14]
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, 811 F.Supp. 884,
1993 U.S. Dist. Lexis 922, 60 FEP Cases (BNA) 1185 (W.D.N.Y.). [1993 FP 60]
Federal appeals court upholds right to discipline
a woman police officer for a delay and misrepresentations in making a sexual
harassment complaint. Wilson v. U.T. Health Center, 973 F.2d 1263 (5th Cir.
1992). [1993 FP 60]
Fact that plaintiff had posed in the nude for
magazines did not prevent her from claiming that sexually oriented remarks by
coworker were unwanted, abusive and created a hostile work environment. Burns
v. McGregor, 955 F.2d 559 (8th Cir. 1992). [1993 FP 109-110]
California statute mandates workplace sexual
harassment training for peace officers. Cal. S.B. 459 (7/19/93). [1993 FP
140-1]
Corrections dept. and superior officers
exonerated in wrongful death and sexual harassment suit. Workers' comp. was
sole remedy for an employee's death caused by official negligence, and there
was no evidence superiors acquiesced to harassment or a hostile environment.
McCallum v. Dept. of Corr., 496 N.W.2d 361 (Mich.App. 1992). [1993 FP 173]
Federal court declines to give chief
"qualified immunity" in a civil rights suit alleging a hostile work
environment, following a sexual harassment complaint. Ineffectiveness in
preventing a hostile atmosphere could be "deliberate indifference" to
the complainant's rights. Poulsen v. City of N. Tonawanda, 811 F.Supp. 884
(W.D.N.Y. 1993). [1993 FP 173-4]
Captain could be liable under Sec. 1983 for
gender-based harassment in giving below-standards performance ratings which
allegedly caused depression, precipitated an ulcer & colitis. Carrillo v.
Ward, 770 F.Supp. 815 (S.D.N.Y. 1991). [1992 FP 12-13]
Uncorroborated accusations of sexual harassment
dismissed by court where employer proved the employee lied about drug use, an
attempted suicide and prior terminations. Churchman v. Pinkerton's Inc., 756
F.Supp. 515 (D.Kan. 1991). [1992 FP 45]
U.S. Supreme Court holds that compensatory
damages are available to victims of sexual harassment. Franklin v. Gwinnett
Co., 112 S.Ct. 1028 [at 1032-8] (1992). [1992 FP 83]
State supreme court holds the constant use of
vulgar language in the workplace is not unlawful, unless directed at the
complainant because of her sex. Bowen v. Dept. of Human Services, 606 A.2d 1051
(Me. 1992). [1992 FP 123-4]
Federal court in New York has dismissed a suit
alleging verbal harassment. Porras v. Montefiore Med. Ctr., 58 FEP Cases (BNA)
1601 (S.D.N.Y. 1992). [1992 FP 124]
Federal appeals panel holds that post-employment
acts by employer's agents were not actionable under Title VII. Reed v. Shepard,
939 F.2d 484 (7th Cir. 1991).
Former deputy who was terminated after alleging
sexual harassment, also claimed she was physically assaulted, shot at and
threatened. {N/R} Note: See Veprinski v. Fluor Daniel, 87 F.3d 881 (7th Cir.
1991) for a discussion of what does constitute post-employment Title VII
discrimination; also see Robinson v. Shell Oil, 519 U.S. 337, 117 S.Ct. 843,
1997 U.S. Lexis 690, 72 FEP Cases (BNA) 1856.
Intern who was sexually assaulted at a
prosecutors" conference recovers $2,388,400 from the state
prosecutors" council and its former exec. dir. Doe v. Heinze, Maricopa Co.
AZ Super. Ct. #CV-90-21962; 35 ATLA L. Rptr. 1884. (1991). [1992 FP 124]
California Supreme Court holds that a public
agency is liable for damages under respondeat superior for the on-duty sexual
misconduct of its employees. Mary M. v. City of Los Angeles, 54 Cal.3d 202, 814
P.2d 1341, 285 Cal.Rptr. 99 (1991).
Federal appeals court adopts a "reasonable
victim" standard in harassment cases; strong dissent written in this
controversial case. Ellison v. Brady, 924 F.2d 872 (9th Cir. 1991).
Federal appeals court rejects a woman county
employee's suit for discrimination and infliction of emotional distress because
a supervisor was having an affair with another woman co-worker. Candelore v.
Clark Co., 975 F.2d 588 (9th Cir. 1992). [1993 FP 77]
Where disparate treatment was based on a romantic
relationship, rather than gender, it did not give rise to a cognizable claim
for sex discrimination under Title VII. The Supreme Court declined review.
DeCintio v. Westchester Co., 807 F.2d 304 (2nd Cir. 1986, cert. denied 484 U.S.
825, 108 S.Ct. 89 (1987). [1993 FP 77]
Federal judge finds that two women plaintiffs in
a harassment case misused the law as a weapon against their superiors and
coworkers. Heflin v. Daly, 742 F Supp. 515 (C.D. Ill. 1990).
Federal court refuses to allow expert witnesses
to testify about a "hostile work environment." Lipsett v. University
of Puerto Rico, 740 F.Supp. 921 (D.P.R. 1990).
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).
Federal court finds that a south Florida police
department became a "playground for various incidents of sexual
harassment" of police women. Injunctive relief and legal fees are granted.
Sanchez v. City of Miami Beach, 720 F.Supp. 974 (S.D. Fla. 1989).
Forced kiss of one coworker, and repeated
instances of sexual advances towards others, justified termination of male
corrections officer. In re Gallagher, 549 A.2d 631 (Vt. 1988).
Use of foul language, but not directed at the
complainant, does not give rise to a claim for sexual harassment and discrimination.
Neither does a single instance of pornography sent to her, when superiors
warned males to desist. Dwyer v. Smith, 867 F.2d 184, 48 FEP Cases (BNA) 1886
(4th Cir. 1989).
$125,000 settlement accepted by a former police
dispatcher who claimed a sergeant caused her to have sexual relations with him
by promising her a promotion. Froyd v. City of Rio Vista, 681 F.Supp. 669, 1988
U.S. Dist. Lexis 2296, 48 FEP Cases (BNA) 808, 3 IER Cases (BNA) 1883 (E.D.Cal.
1988). [1989 FP 14]
Police officer settles sexual abuse claim brought
by his teenage daughter for $10,000. Wilcox v. Wilcox, Unrptd., Hamden Co. MA
Super. Ct. #86-1735, summary in 21 Pers. Inj. Verdict Rev. 2 (1988). [1989 FP
14]
Termination not an excessive penalty for repeated
sexual propositions and suggestive touching of subordinate employees. Crookston
v. Brown, 140 A.D.2d 868, 528 N.Y.S.2d 908, 1988 N.Y. App.Div. Lexis 5332.
[1989 FP 44]
Federal court rejects female firefighter's minor
complaints as only "teasing." Dowrum v. City of Wichita, 675 F.Supp.
1566 (D.Kan. 1986).
Under state law, employers may be strictly liable
for sexual harassment by supervisors. Board of Dir. v. Illinois Human Rights
Cmsn., 514 N.E.2d 1227 (Ill.App. 1987).
If disparate treatment is based on a romantic
relationship, rather than gender bias, it does not give rise to a cognizable
claim for sex discrimination under Title VII. DeCinto v. Westchester Co., 807
F.2d 304 (2nd Cir. 1986); cert. den., 484 U.S. 825, 108 S.Ct. 89 (1987).
D.C. Appeals Court upholds discrimination claim
of woman who was repeatedly chastised for wearing "provocative"
clothing. Atlantic Richfield v. Dist. of Col. Cmsn. on Human Rights, 515 A.2d
1095 (D.C. App. 1986).
Coworker harassment must be more than childish horseplay
and directed against employee because of her sex; no employer liability without
supervisory knowledge of incidents. Vermett v. Hough, 627 F.Supp. 587 (W.D.
Mich. 1986).
Female dispatcher, properly fired for being
sassy, could not recover in federal court for numerous, offensive acts of
sexual harassment. Bohen v. City, 622 F.Supp. 1234 (N.D. Ind. 1985).
Supreme Court finds "hostile
environments" a violation of federal law; employer liable for
"unwelcome" sexual advances, even though employer had no direct
knowledge of events. Meritor Savings Bank v. Vinson, 40 FEP Cases 1826, 106
S.Ct. 2399, (1986).
Damages and other remedies awarded female officer
who was repeatedly harassed, insulted, ridiculed, defamed by fellow officers
without intervention of management. Arnold v. City of Seminole, 614 F.Supp. 853
(E.D. Okla. 1985).
Chief tried to seduce female dispatcher; federal
appeals court upholds award under Title VII. Henson v. City, 682 F.2d 897 (11th
Cir. 1982).
Employer can be liable for sexual harassment due
to acquiescence of supervisor who accepted the employee's resignation rather
than stop the advances. Robson v. Eva's Super Market, 538 F.Supp. 857, 30 FEP
Cases (BNA) 1212 (N.D. Ohio 1982).
Man, terminated for rejected homosexual advances
of his supervisor, could bring a Title VII action for relief. Wright v.
Methodist Youth Services, 511 F.Supp. 307 (N.D. Ill. 1981).
Federal court holds that chief and his assistants
can be sued for alleged sexual harassment by subordinate personnel, once high
officials are made aware of complaints and fail to take corrective action.
Woerner v. Brzeczek, 26 FEP Cases (BNA) 897, 519 F.Supp. 517 (N.D. Ill. 1981).
Arbitrator says a little "grab ass"
does not warrant termination; only a suspension. Town of Winchester and Intern.
Bro. of Police Officers Local 330, #8081-A707, PSAA 829002 (Sacks, 1981).
Also see: Worker's Compensation