Can A Single Incident Of Sexual Assault Create An Unlawful Hostile Work Environment?
In the sexual harassment litigation context, our sexual harassment lawyers in Sumter County, Florida have learned, employers routinely argue that a single incident of sexual assault is insufficient to create a hostile working environment. Pointing to repeated incidents of physical conduct of a sexual nature in other sexual harassment cases, employers contend that such conduct constitutes the minimum requirements for the creation of a sexually hostile working environment. In Harris v. Forklift Sys., Inc., 510 U.S. 17 (1993), however, the United States Supreme Court explained that the “appalling conduct alleged” in other sexual harassment cases “merely present some especially egregious examples of harassment,” and “[t]hey do not mark the boundary of what is actionable.” In this article, our sexual harassment attorneys in Sumter County, Florida explain how the decision in Lockard v. Pizza Hut, Inc., 162 F.3d 1062 (10th Cir. 1998) demonstrates that a single incident of sexual assault is sufficiently severe to create a hostile working environment.
Sexual Harassment Lawsuit
In that case, a woman named Lockard brought a sexual harassment claim against her former employer, Pizza Hut, Inc. (“Pizza Hut”), pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”). Title VII makes sexual harassment an unlawful employment practice. Sexual harassment is actionable under Title VII when the harassing conduct is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create a hostile working environment. Lockard alleges that, during her employment with Pizza Hut, she was sexually harassed in violation of Title VII.
Lockard worked as a server at a Pizza Hut restaurant. Lockard’s allegations of sexual harassment involve the conduct of two male customers during one of Lockard’s shifts. During the evening of Lockard’s shift, the two men entered the restaurant. The service staff, including younger male servers, argued over who would seat them because no one on the staff wanted to serve then. Lockard’s supervisor then instructed Lockard to wait on them.
After being seated by Lockard, one of the customers commented that she smelled good and asked what type of perfume she was wearing. Lockard responded that was none of his business, and the customer grabbed her by her hair. Lockard informed her supervisor that one of the customers had pulled her hair and that she did not want to continue waiting on them, and asked the supervisor if he could find someone else to wait on them. Lockard alleges that the supervisor denied her request, stating “You wait on them. You were hired to be a waitress. You waitress.” Lockard returned to their table with a pitcher of beer. As she reached to put the beer on the table, the customer pulled her to him by the hair, grabbed her breasts, and put his mouth on her breast. At that point, Lockard told the supervisor that she was quitting and wanted to go home. Lockard called her husband who picked her up.
Single Incident Creates Hostile Environment
Following a trial, the jury returned a verdict in favor of Lockard on her hostile work environment claim. On appeal, Pizza Hut argued that the harassment suffered by Lockard was not sufficiently severe or pervasive to constitute an actionable claim of sexual harassment under Title VII. More specifically, Pizza Hut claimed that the “physically threatening conduct of these two customers was simply a one-time incident and was therefore not pervasive enough to create an abusive working environment.” The United States Tenth Circuit Court of Appeals rejected Pizza Hut’s argument and upheld the jury’s verdict in favor of Lockard on her sexual harassment claim.
The Tenth Circuit found that the “record contains sufficient evidence to support the jury’s conclusion that the harassing conduct of the customers was severe enough to create an actionable hostile work environment. In support of its finding, the appellate court explained that sexually harassing conduct is “actionable if it is sufficiently severe or pervasive.” In other words, the court of appeals explained, sexual harassment does not have to be severe and pervasive to create a hostile working environment in violation of Title VII. Thus, the Tenth Circuit rejected Pizza Hut’s assertion that “a single incident of physically threatening conduct can never be sufficient to create an abusive working environment.”
Free Consultation For Harassment Victims
One of the most significant decisions sexual harassment victims must make is which sexual harassment lawyers to consult regarding their legal rights and remedies under employment discrimination law. As part of our decades-long commitment to helping sexual harassment victims, an experienced sexual harassment attorney will speak with you personally and you will receive the individualized attention your case deserves. We offer free confidential case evaluations for employees, and you will not have to pay to speak with our sexual attorneys regarding your case. We are available for consultation at your convenience, including scheduling telephone consultations for evenings and weekends.
Sumter County Sexual Harassment Lawyers
Based in Ocala, Florida and representing employees throughout Florida, our sexual harassment lawyers in Sumter County, Florida have fought for the rights of sexual harassment victims for more than two decades. If you have been required to work in a sexually hostile environment or have questions about workplace sexual harassment, please contact our office for a free consultation with our sexual harassment lawyers in Sumter County, Florida. Our employee rights law firm takes sexual harassment cases on a contingency fee basis. This means that there are no attorney’s fees incurred unless there is a recovery, and our attorney’s fees come solely from the monetary award that you recover.
