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The 5th U.S. Circuit Court of Appeals Sets New Precedents in Sexual Harassment Case
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What constitutes sexual harassment, according to law and precedent? Prudent business operators partner with reputable legal experts to answer questions like this in order to protect their team members and companies.
Businesses institute sexual harassment training to make sure certain lines are not crossed, and for good reason. It’s why so many companies invest time and money in sexual harassment training—to prevent or lessen the financial impact of harassment settlements and highlight the ways harassment can destroy happiness and productivity for individual team members.
A recent case from the Houston Fire Department establishes some new precedents and draws new boundaries around what is considered “sexual harassment” by law.
Out of Sight Harassment Creates Hostile Work Environment
In 2017, a firefighter at the Houston Fire Department discovered one of her fellow firefighters had retrieved a private, nude video from her personal laptop without her permission. The video in question had been made exclusively for her husband, and was not knowingly shared with anyone else.
The firefighter who illegally obtained the video shared it with his Fire District Chief. Both male firefighters in question kept and watched the video repeatedly over the course of nine years. Court documents from this case revealed that at least one other firefighter was shown the video as well. The video’s theft and subsequent viewings were made known to the woman’s husband, who is also a firefighter in the same district.
Subsequently, sexual harassment and hostile work environment lawsuits were filed in 2018 against the City of Houston. The case was transferred from the 165th District Court in Harris County to the U.S. District Court for the Southern District of Texas. Judge Lynn N. Hughes dismissed her claim through a summary judgment in 2021, contending that the plaintiff would be unable to prove a hostile work environment. (source)
The case was then appealed to the 5th U.S. Circuit Court of Appeals. In March 2022, the panel partially reversed Judge Hughes’ ruling, approving the sexual harassment claim to go to trial. Circuit Judge James C. Ho weighed in on the district court’s decision, saying, “The district court should have treated this misconduct as unlawful as well as disgraceful,” citing city officials who had conceded the alleged conduct was “morally reprehensible.”
What Employers Need to Understand
The opinion of the circuit court, in this case, has broader implications for sexual harassment claims. For one, the sexual harassment in question happened while the plaintiff was not present. One of the individuals who had been shown the video was a supervisor, and that individual actively participated in watching the video rather than reporting the incident. As a result, the plaintiff is able to claim this created a hostile work environment.
Employers must take note that how supervisors respond to instances of sexual harassment will have a direct and consequential impact on the outcome of the case. In this case, responsible parties were more concerned with retaining access to the video than they were with ensuring a safe and respectful work environment. The plaintiff’s trust was broken and her privacy was compromised. As a result of the actions of her superiors, she could no longer work within the department.
Hughes Lawyers works with employers from a wide range of industries to prevent and mitigate claims of sexual harassment and hostile work environments. If you need legal consultation or representation, contact us immediately.
