A woman was awarded $400,000 in punitive damages by a jury. The award was reduced to $50,000 because of the statutory cap. The 4th Circuit subsequently eliminated punitive damages “since there was no proof that . . . management ever had actual knowledge of the harassment.”
A male salesperson was struck in the genitals on several occasions by a co-worker who thought it was funny. Since there was no evidence of hostility toward men, there could not be a sexual harassment case.
ICN Pharmaceuticals settled a sexual harassment matter for $3.5 million. A shareholder’s derivative suit alleged that the Board should have made the CEO pay. The case was dismissed because there was no “pre-suit demand” or evidence that this was not just a “routine business decision.”
A supervisor required a subordinate insurance agent to engage in sex acts or face employment termination. The District Court dismissed the case because of the affirmative defenses afforded to employers. The Second Circuit overruled finding that such a threat is a tangible employment action. Because of the tangible employment action, the affirmative defenses did not apply.
A 34 year old female government proofreader was sexually harassed by a female co-worker. The trial court awarded plaintiff the pay difference between her old job and her new job for 26 years – $378,000.00. The D.C. Circuit reversed because the award was speculative.
A factory worker sued her employer after being grabbed “with force.” The Eighth Circuit found that the employer could only be liable if it “knew or should have known of the harassment and failed to take prompt remedial action” since the harassment was committed by a co-worker, not a supervisor. The alleged harasser was suspended for five days, warned, sent to training and the harassment stopped. The prompt remedial action resulted in no employer liability.
A day care center manager alleged that she was fired for complaining about her boss’ opposition to hiring male teachers. She is entitled to a trial because she may have been discharged for opposing a discriminatory employment practice.
A prison guard “was simply embarrassed on a handful of occasions over a period of four years by … boorish behavior … and … a dumb joke ” Because the incident’s were infrequent and difficult for the employer to remedy since they were anonymous, the award was reversed.
In order to prove unlawful discrimination under Title VII, there must be an adverse employment action. Asking a 410 pound police officer to undergo a fitness-for duty examination was not an adverse employment action.
A budget analyst developed an itch from poor air quality at work which prevented him from sleeping. Because the disability was caused by the workplace it was not permanent enough to be protected by the ADA.