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Gallagher v. C.H. Robinson Worldwide, Inc. - 567 F.3d 263 (6th Cir. 2009)

Rule:

To establish a prima facie case of sexual harassment based on hostile work environment, a plaintiff must adduce evidence demonstrating that (1) she is a member of a protected class, female; (2) she was subjected to harassment, either through words or actions, based on sex; (3) the harassment had the effect of unreasonably interfering with her work performance and creating an objectively intimidating, hostile, or offensive work environment; and (4) there exists some basis for liability on the part of the employer.

Facts:

The sales office contained short divider walls between cubicles, which provided little privacy and permitted employees to overhear coworkers' conversations. Appellant, Julie Gallagher, contended that her coworkers regularly used sexually offensive language, viewed sexually explicit pictures on their computers, left pornographic magazines on their desks, and traded sexual jokes and graphic discussions of their sexual liaisons on a daily basis. Although the employee did not call a special company "hot line" for such complaints, she complained to her supervisor. Appellant’s complaints were not acted upon. Consequently, appellant resigned. Subsequently, she commenced a suit against appellee former employer, C.H. Robinson Worldwide, Inc., alleging a sexually hostile environment under common law, Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C.S. § 2000e-2, and Ohio Rev. Code Ann. § 4112.99. The district court granted appellee’s motion for summary judgment, finding that appellant failed to present sufficient evidence to make out a prima facie case. Appellant argued that the record evidence was sufficient to create genuine issues of material fact.

Issue:

Under the circumstances, did the appellant fail to present sufficient evidence to make out a prima facie case, thereby warranting the grant of summary judgment in favor of appellee employer? 

Answer:

No.

Conclusion:

On appeal, the court found that the district court applied improper standards and that there were several disputed issues of material fact, which required trial on the appellant employee's claims. In particular, because the offensive conduct was explicitly sexual and patently degrading of women, the appellant employee raised a triable issue as to whether it was based on sex and whether it was so severe and pervasive under Title VII so as to interfere with the appellant employee's work performance. There were also disputed issues regarding the appellee employer's defense based on its anti-harassment policy and procedures and the employer's liability for its employees' conduct.

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