Can Direct Contact With An Intimate Body Part Create A Hostile Work Environment?
Through their decades of experience representing sexual harassment victims, our sexual harassment lawyers in Marion County, Florida have learned that a common employment law myth is that a single act of sexual harassment cannot create a sexually hostile work environment. An employment law myth zealously promoted by employers in maintaining that a single incident of sexual harassment, no matter how egregious, does not transform the victim’s workplace into a sexually hostile work environment. Rather, according to employers, sexual harassment can never be actionable unless it is repeated. In this article, our sexual harassment lawyers in Marion County, Florida explain how the decision in Maryse v. PFNY, LLC, 2024 WL 3087533 (S.D. N.Y. June 20, 2024) shows that a single instance of direct contact with an intimate body part, standing alone, can create a sexually hostile work environment.
Creation Of Hostile Work Environment
Title VII of the Civil Rights Act of 1964 (“Title VII”) protects employees from sexual harassment. To prevail on a sexual harassment claim, an employee must show that the harassment was sufficiently severe or pervasive to alter the conditions of her employment to create an abusive working environment. Courts generally define the term “severe” as sexual harassment involving physical conduct of a sexual nature, such as touching or physical contact with the victim. Courts generally define the term “pervasive” as sexual harassment that is ongoing or continuous. To violate Title VII, sexual harassment does not have to be both severe and pervasive. Instead, one or the other constitute sexual harassment that violates Title VII.
In some circumstances, a single act of sexual harassment can be sufficiently severe to violate Title VII. As the court in Domingues v. Barton Chevrolet Cadillac, 2021 WL 637016 (S.D. N.Y. Feb. 17, 2021) observed, courts have “repeatedly held that evidence of a single incident of sexual harassment that is extraordinarily severe can establish an objectively hostile work environment.” In Redd v. New York State Div. of Parole,678 F.3d 166 (2d Cir. 2012), the court explained that “direct contact with an intimate body party constitutes one of the most severe forms of sexual harassment.” Thus, courts have determined that a single instance of touching or grabbing an employee’s intimate body part is sufficiently severe to create a hostile work environment in violation of Title VII.
Sexual Harassment Lawsuit
In Maryse, a man named Maryse brought a sexual harassment claim against his former employer, PFNY, LLC, d/b/a Planet Fitness (“Planet Fitness”), pursuant to Title VII. Maryse alleges that he was required to work in a sexually hostile environment in violation of Title VII.
Maryse was employed by Planet Fitness as a member-serves representative from March through June 2021. Maryse maintains that he was sexually harassed by a male co-worker named Williams. Maryse claims that Willliams made remarks about Maryse’s pubic hair, wanting to perform oral sex on Maryse, and wanting to grab Maryse’s genitals. Mayse testified that Williams’ comments went “from like joking” to “eventually doing it,” when he allegedly “grazed” Maryse’s genitals. Maryse further testified that Williams “offered to help get me promoted if I were to have sex with him.” Maryse claims that he told two managers what was happening and that he felt uncomfortable going into work or being scheduled around the time that Williams would be scheduled.
The parties agreed that the “alleged harassment only occurred” while Maryse and Williams were at the front desk area of the gym. Maryse testified that Williams would make the comments in this area of the gym while their shifts overlapped. Williams said he “hardly would see” Maryse, but he acknowledged that he saw or interacted with Maryse on a “few occasions,” about three times at the front desk. Ultimately, Maryse was terminated for alleged tardiness and attendance issues.
Single Act Can Create Hostile Work Environment
Planet Fitness filed a motion with the trial court seeking dismissal of Maryse’s sexual harassment claim. In moving for dismissal, Planet Fitness argued that the alleged harassment Maryse experienced was not sufficiently severe or pervasive to constitute hostile work environment sexual harassment in violation of Title VII. The trial court denied Planet Fitness’ motion for dismissal and ruled that Maryse was entitled to proceed to a jury trial on his sexual harassment claim.
In denying Planet Fitness’ motion for dismissal, the trial court rejected Planet Fitness’ argument that the alleged harassment was not sufficient severe or pervasive because “all of the harassment occurred while [Maryse] and Williams were working together, which occurred for a total of less than two hours.” Even if the harassment was not pervasive, the trial court explained, “even a single incident of harassment may be enough when the incident includes direct contact with an intimate body part.” Because Maryse alleges that “there was one time” when Willaims “actually did” touch his genitals, the trial court concluded, a reasonable jury could find that this alleged single incident of direct contact with an intimate body part meets the severity requirement for the creation of a sexually hostile work environment in violation of Title VII.
Marion County Sexual Harassment Lawyers
Based in Ocala, Florida and representing workers throughout Florida, our sexual harassment attorneys in Marion County, Florida have litigated sexual harassment cases in Florida courts for more than twenty years. If you have been sexually harassed at work or have questions about your protection from sexual harassment in the workplace, please contact our office for a free consultation with our sexual harassment lawyers in Marion 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.