Jacqueline Lee overheard her supervisor, Don Egge, discussing his desire for her to begin wearing her “spring outfits,” describing her and another employee as “here come the jugs” and discussing another employee who was “banging someone.”
Lee reported Egge to HR. HR’s investigation confirmed Egge made these comments. Egge apologized to Lee, acknowledged his words were not appropriate and promised it would not happen again. He further promised not to retaliate against Lee. Because there were no other available positions, HR asked Lee to return to work as Egge’s subordinate.
Dissatisfied with HR’s response, Lee resigned from her position. That same day, Egge was suspended for two weeks without pay.
Lee sued the company for fostering a hostile work environment. The court found the company not liable on two grounds.
First, under the law of the Seventh Circuit, a single incident does not create a sexually hostile work environment unless it is tied to physical violence or the direct solicitation of sex. Egge’s conduct, while boorish, was not directed to Lee (she overheard the conversation) and was not severe enough to create a hostile work environment.
Second, the company took appropriate remedial action. It conducted a prompt and thorough investigation, elicited an apology from Egge and his commitment not to retaliate or engage in further harassment, and suspended Egge for two weeks without pay. Lee v. Dairyland Power Cooperative, No. 17-cv-50-wmc, 2018 WL 1401274 (W.D. Wis. March 20, 2018).
IMPACT: Not all offensive conduct creates a hostile work environment. And while complaints of harassment are on the rise, employers can protect themselves from liability by enforcing well-crafted sexual harassment policies.
Does the Seventh District finding in 2. establish what “appropriate action” by the employer looks like? Because I have seen many people tortured through a federal eeo maze until they finally settle with no repercussions on the accused. I would like to add the court’s finding in the Seventh District to the Remedy sought and cite it specifically. Thoughts?
Appropriate action is fact and case-specific, but — generally — it must promptly, and effectively, end any harassment.