The district court also did not abuse its discretion in allowing the admission of limited evidence of the certified nursing assistant’s sexual history.
While a certified nursing assistant who reported that she had been raped by a security guard did not need to prove that the conduct was, as a legal matter, a rape, she did need to show, for purposes of her Title VII retaliation claim, her reasonable and good faith belief the conduct violated Title VII, the Sixth Circuit stated, finding the district court did not err in requiring this. Nor did the lower court err in admitting evidence at trial of her sexual behavior, including communications with the security guard, to demonstrate her consent to the alleged rape (Graf v. Morristown-Hamblen Hospital Association, No. 24-5798 (6th Cir. Sept. 10, 2025)).
Work friends? As an emergency room CNA, the plaintiff worked alongside security guards who were employed by a third-party security firm and stationed around the department. In June 2021, she and one of the guards began texting each other, exchanging hundreds of texts during the following months. Though the CNA characterized her relationship with the guard as “work friends,” she admitted she discussed her past abusive relationships and intimate sexual matters with him. For his part, he claimed they “were both part of the BDSM world” and were having intimate, sexual conversations. The two also met regularly doing their breaks.
Alleged rape. One day in June 2021, the CNA agreed to...
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