Employment & Labor Law for Public Safety Agencies

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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 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

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