Sexual Harassment/Hostile Work Environment

Georgia Woman’s Gender Discrimination Claim Survives Motion to Dismiss in Federal Court

September 16, 2019 | Parks, Chesin & Walbert

No one should have to put up with discriminatory treatment in the workplace. After all, it’s 2019, and laws have been on the books for decades that protect workers from racial, gender, and age discrimination. Still, unlawful discrimination happens every day, sometimes culminating in an Atlanta employment discrimination lawsuit.

Of course, those who engage in such shameful conduct are rarely, if ever, willing to admit that they have done wrong. Instead, they make every effort to see that a plaintiff’s claims are dismissed by the courts. Fortunately, judges tend to see things differently, and many ill-advised motions to dismiss are met with a denial, either in whole or in part, by the trial court.

Facts of the Case

In a recent case, the plaintiff was a woman who worked for the defendant manufacturing company from 2015 to 2018. She claimed that she was subjected to multiple instances of gender discrimination at the hands of the defendant supervisor during that time. Some of this conduct was verbal (such as calling her “stupid,” “slow,” and “ignorant”), but there were instances in which the supervisor’s actions physically harmed the plaintiff. After multiple complaints to human resources failed to remedy the situation, the plaintiff quit her job and filed a charge with the Equal Employment Opportunity Commission.

Federal Court in Georgia Lacked Jurisdiction to Grant Motion to Reconsider in Harassment Case

March 14, 2019 | Parks, Chesin & Walbert

In an Atlanta employment law case asserting a claim for discrimination, harassment, or other wrongful conduct, it is important that a potential litigant consult a knowledgeable attorney who can help him or her file the appropriate paperwork within the time allowed by law. If this is not done, it is likely that the plaintiff’s case will be dismissed. Of course, simply filing a “complaint” is not, in and of itself, sufficient; it is important that the proper parties be identified and that a valid claim for relief be stated.

Facts of the Case

In a recent case, the plaintiff was a woman who filed multiple complaints against the defendant commissioner, alleging that she had been the victim of harassment and disparate treatment and that the defendant had failed to make appropriate accommodations for her under the Americans with Disabilities Act. The plaintiff’s first two complaints were dismissed as frivolous, after which the plaintiff filed a motion to reconsider in the first action. However, the plaintiff filed a notice of appeal before her motion was heard.

The plaintiff then filed a third case, asserting the same claims that she had asserted in her first two lawsuits. In the third suit, however, the plaintiff identified her former employer, rather than an employee, as a defendant, thus correcting the deficiency that had caused her first two cases to be dismissed.

What constitutes a hostile work environment in Georgia?

August 15, 2018 | Parks, Chesin & Walbert

A hostile work environment can be demeaning and devastating — but to win in court you need to prove more than just discrimination Continue reading ›

A Supervisor’s ‘Boorish, Callous, Condescending, or Overbearing’ Behavior Doesn’t Necessarily Make a Work Environment Hostile, Says Sixth Circuit

September 21, 2017 | Parks, Chesin & Walbert

The boundary lines separating what is not actionable versus what is impermissible employment discrimination have continued to shift and evolve. Regarding a strongly pro-employee ruling a California court entered in 2016 interpreting that state’s employment discrimination statute, one author wrote that the new opinion was a warning to employers: don’t be a jerk. (The author used a word similar to jerk, but a little stronger.) In Tennessee, however, it is important to understand that the law is different here, and the mere fact, by itself, that a supervisory employee acts like a jerk or a bully or is generally extremely difficult may not necessarily be a winning case for the supervisor’s subordinate employee. An experienced Tennessee hostile work environment lawyer can help you, whether you’re an employer or employee, analyze your case and plot a smart path for you in these and other potential hostile work environment situations. Continue reading ›

Tennessee Nurse Allowed to Pursue Title VII Case After Employer Allegedly Ignored or Minimized Multiple Instances of Sexual Harassment

August 22, 2017 | Parks, Chesin & Walbert

Publicly available employment law court rulings can often be very helpful, both to employers and to employees. Unfortunately, many court case decisions are instructive in a “what not to do” sense, for one side or the other. Working with experienced Tennessee employment law attorneys is one way to make sure you don’t fall into the “what not to do” traps that often ensnare real-life litigants. In a recent Tennessee sexual harassment case, it was the employee’s evidence related to the employer’s allegedly woefully inadequate response to sexual harassment that allowed her to take her case to trial. Continue reading ›

When is a Worker a ‘Co-Worker’ and When is He a ‘Supervisor’ in Terms of a Sexual Harassment Case

June 20, 2017 | Parks, Chesin & Walbert

The case of gross misbehavior going on at a West Tennessee auto parts store contained some unusual facts. All of the sides agreed that the conduct of the alleged harasser, who was also the store manager, was “repulsive.” Everyone agreed “that he got what he deserved when” the employer fired him shortly after its investigation. What wasn’t clear was whether the store manager held a role within the employer’s organization with enough power such that the employer could be liable for his harassing conduct. Ultimately, the courts decided that the employer was not liable in this case because of the limited authority the store manager actually held.

11th Circuit Rules that Employee Lacked Evidence of ‘Severe’ and ‘Pervasive’ Harassment in Hostile Work Environment Case

February 16, 2017 | Parks, Chesin & Walbert

The hostile work environment case of one Georgia health care company employee offered a potentially novel and unique question, namely, can an employee pursue a hostile work environment case when she was not the victim of the alleged harassment and was not even present when the alleged harassment took place? In this case, the 11th Circuit Court of Appeals did not need to answer this question to rule in favor of the employer because the employee’s evidence fell short of the law’s requirement that the alleged harassment be both severe and pervasive.

Sixth Circuit Upholds Ruling for Employer in Harassment Case Arising from Two Unwanted Sex-Related Texts

September 28, 2016 | Parks, Chesin & Walbert

A nurse anesthetist, who was the recipient of two very unwelcome text messages from a co-worker encouraging her to have “wild sex” with her husband, lost her sexual harassment case against the co-worker and her employer. The Sixth Circuit Court of Appeals upheld the ruling against the nurse anesthetist because the acts of harassment she endured were either unrelated to her gender or too few to constitute the sort of severe and pervasive harassment required by Title VII.

Failure to Act Costs Tennessee Employer in Employee’s Sexual Harassment Case

March 3, 2016 | Parks, Chesin & Walbert

When an employee sues his employer in a sexual harassment case, there are several key pieces that go into that case. The court will look at the harasser’s conduct, as well as the employer’s response. For an employee to win against his employer, he must not only have been harassed, but also his employer’s response must have been improper. In a recent Tennessee case, the Sixth Circuit Court of Appeals upheld a $300,000 jury verdict in favor of an employee. In that case, it was not so much an improper action taken by the employer but an improper inaction that doomed its case.

The employee who sued, Jeffry Smith, worked at Norcross, Ga.-based Rock-Tenn Services, Inc.’s facility in Murfreesboro. Smith suffered multiple acts of harassment from a co-worker, Jim Leonard. Leonard slapped Smith on the rear one day, grabbed Smith’s rear very hard a few days later, and, some time later, came up behind Smith, grabbed his hips, and began basically engaging in a simulated humping session. The cumulative effect of Leonard’s conduct was so severe that Smith began suffering anxiety problems and had to take a leave of absence from work.

Federal Court in Tennessee Permits Sexual Harassment and Hostile Work Environment Claims to Move Forward

July 28, 2014 | Parks, Chesin & Walbert

A district court in Tennessee has permitted some claims in a sexual harassment suit to move forward after one male employee accused a male coworker of inappropriate behavior.

In Smith v. Rock-TENN Services, Inc., Jeffrey Smith worked for Rock-Tenn Services, Inc., a box and packaging materials manufacturer from August 2010 until the end of September 2011. Around the beginning of 2011, Smith claimed that a male coworker, James Leonard, slapped him on the rear during a shift. In accordance with the company’s sexual harassment policy, Smith first informed Leonard that he did not want Leonard touching him. A few days later, Leonard allegedly grabbed Smith “in the crack of his butt,” hard enough that his rear was irritated for two days. This time, Smith grabbed Leonard by the arm and threatened him, but he did not report either incident to a higher authority. However, Leonard was eventually placed on a performance improvement plan for “horseplay sexual harassment” after another employee reported him. Leonard was informed that any further sexual harassment allegations would be grounds for termination.

Nonetheless, in June 2011, Smith claimed that Leonard grabbed him by the hips while he was bent over a machine and thrust his genitals against him. Smith then grabbed Leonard by the throat and held him for roughly 30 seconds before releasing him. Smith then reported the incident to his supervisor, as well as to two other supervisors. One supervisor he informed of all three incidents. After an investigation was done, the supervisors concluded that Leonard should be terminated. However, the general manager, who was unaware of all three of Leonard’s actions toward Smith, disagreed and thought that the evidence was only enough to merit a three-day suspension as a final warning.