Darlene M. Deters (“Deters”) was employed by Rock-Tenn Converting Company (“Rock-Tenn”). When Deters was hired, she was advised of Rock-Tenn’s sexual harassment policy. Several months later, Deters’ supervisor began making sexually explicit comments and obscene gestures to her on an almost daily basis. In addition, during a lunch on Secretary’s Day, the supervisor asked Deters to have an affair with him. While Deters did not appreciate such conduct, she did not ask the supervisor to stop and did not report his conduct for three years.
Upon finally receiving Deters’ complaint, Rock-Tenn began an investigation of Deters’ claims as part of a larger investigation of Deters’ supervisor’s conduct. After completing the investigation, Rock-Tenn terminated Deters’ supervisor. However, Rock-Tenn delayed the termination for almost a month because of the Christmas and New Year’s holidays.
After her supervisor’s termination, Deters began to suffer extreme anxiety requiring outpatient treatment for work related stress. Deters requested and was granted Family and Medical Leave Act leave to obtain treatment, but never returned to work. Instead, Deters filed a Charge of Discrimination and law suit against Rock-Tenn, alleging she was sexually harassed during her employment.
Rock-Tenn responded that (a) it exercised reasonable care to prevent and promptly correct any sexually harassing behavior and (b) Deters unreasonably failed to take advantage of any preventive or corrective opportunities provided by Rock-Tenn in its sexual harassment policy. The Court agreed, finding that Rock-Tenn’s sexual harassment policy, Deters’ failure to report her supervisor’s conduct for over three years, and the termination of Deters’ supervisor as a result of his conduct were a defense to Deters’ claims. Accordingly, the Court entered judgment in favor of Rock-Tenn.
If you have a questions regarding whether certain conduct amounts to sexual harassment or whether your company has policies in place which would allow it to take advantage of the defense asserted by Rock-Tenn, please telephone a member of the firm.
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