For nine years, woman’s male managers ogled her nude body

The scenario: A woman became disgusted and distraught after learning that a video of her in the nude had been repeatedly viewed by two of her male supervisors.

Legal challenge: A woman made a nude video of herself and sent it to her husband, who was also a coworker. Years later, someone sent a copy of the video to the woman’s direct boss, who advised his supervisor to the presence of the video. The supervisor asked for a copy of the video. Neither manager reported the existence of the video, and both men continued to view it for the next nine years.

Eventually, the woman’s husband found out that the men had a copy of the video, and he told his wife, who became distraught and disgusted by the news.

The woman went on leave and was eventually diagnosed with post-traumatic stress disorder. She quit the job, then sued for a hostile work environment based on gender.

The ruling: The employer lost. The court said a jury should decide whether the woman endured a hostile workplace. The judge noted that two male supervisors viewed the video for more than nine years, but failed to report its existence up the chain of command, as the employer’s policies required them to do.

The court said the woman was harassed each time the video was viewed, and that the harassment was motivated by her gender.

The skinny: If you become aware of an inappropriate video or other content that could be considered offensive, be sure to follow your employer’s policies to the letter. Most often, you’ll want to report the existence of the material to your HR manager, so an investigation can be launched and disciplinary action can be taken, if needed.

Cite: Abbt v. City of Houston, U.S. Court of Appeals 5, No. 21-20085, 3/11/22.

(From the April 1, 2022, issue of HR Managers Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)