The scenario: Shortly after starting a job, a woman became concerned about the harassing behavior of a male coworker. The man repeatedly commented on her hair and said things such as, “You look good” and “Look at those eyes.” The coworker also made inappropriate comments about oral sex after customers ordered hot dogs.
But the offensive behavior wasn’t limited to words. The male coworker often rubbed the woman’s back without her consent. When she told him to stop, the man said he couldn’t help himself because she was so soft.
Things took a dramatic turn for the worse when the male coworker approached the woman from behind and began to make a humping motion while pushing a plastic container into her posterior. The woman whirled around and declared that she’d punch him if he touched her again.
A male supervisor witnessed the humping incident. About 15 minutes later, he called the woman into his office and fired her, saying, “This isn’t working.”
Legal challenge: The woman sued for a hostile work environment motivated by her gender.
The ruling: The company lost. The court refused to toss out the lawsuit. The judge said the woman encountered verbal and physical harassment almost every day. Plus, a supervisor witnessed an incident of severe physical harassment – the humping incident – but fired the female victim rather than her male harasser.
The skinny: If you observe inappropriate conduct, don’t take disciplinary action against anyone involved in the incident until an investigation has been completed. Otherwise, you’re risking a costly court ruling against your employer.
Cite: Sfanos v. Cranberry Crossroads Dining, U.S. District Court, W.D. Pennsylvania, No. 2:23-cv-1502, 11/19/24.
(From the Jan. 3, 2025, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)