Takeaway: This case presents additional considerations for employers in assessing and addressing claims of harassment. Even if a report of harassment is made after-the-fact and the harassment is not ongoing, employers should still consider whether the conduct is objectively and subjectively offensive in formulating responsive action and assessing the risks and defenses in regard to a claim of harassment.
Sexual harassment is typically thought of as unwelcome conduct directed toward or in the presence of an individual because of their sex. But what if the individual has no knowledge of the sexual harassment until years later? An employee need not contemporaneously experience harassment to bring a claim under Title VII of the Civil Rights Act of 1964, according to the 5th U.S. Circuit Court of Appeals.
The city of Houston employed the plaintiff as a firefighter in the Houston Fire Department. In 2008, a male co-worker found a nude video of the plaintiff that she had made for her husband and brought it to the attention of the district chief. However, neither party reported the video to HR.
Instead, for nine years, they watched the video repeatedly. In 2017, after the plaintiff was informed that her male co-workers had found and repeatedly watched the video, she developed post-traumatic stress disorder (PTSD), which severely affected her ability to continue her employment. Thereafter, the plaintiff sued, asserting that she was subject to sexual harassment that created a...
Stay updated on the latest news and insights. Subscribe to our newsletter here The MCMC is investigating a viral video for allegedly spreading false information about the SST and income tax relie...