In the case decided by the Court, a female employee sued her employer alleging sexual harassment based upon a hostile work environment. She also alleged that she had been constructively discharged.

The employee claimed that there had been a series of sexual harassment incidents involving numerous co-workers that she had not reported to the employer. For example, one co-worker told the employee that he wanted to have sex with her daughter; co-workers referred to the employee in derogatory terms; another co-worker hugged the employee, grabbed her breast, said it was firm, and jumped on top of her.

The Court found that the employee had reported only one of these incidents to management. Based upon that single report, the Court concluded that there was insufficient evidence to establish the type of severe and pervasive conduct necessary to prove a hostile work environment claim.

The Court also noted that the employer took prompt and effective remedial action when it learned of the employee’s allegations. The Court found that the employee did not show that the employer should have known about the sexual harassment incidents that she had not reported to management. The employee’s constructive discharge claim was also rejected, because the employee came forward with on evidence that the employer intended to force the employee to quit.

This case illustrates the point that with respect to sexual harassment between co-workers, the harassed employee must show that the employer knew, or should have known, about the sexual harassing behavior. While an employer may not ignore such conduct, the employer must at least have some knowledge of the offending behavior before it will be held liable. If the employer receives such a report and acts promptly to deal with the issue pursuant to its sexual harassment policy, the employer may avoid liability.

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