Ninth Circuit
Employers can be liable for sexual harassment by third parties if they ratify it, or if they know about it and fail to take immediate and appropriate corrective actionCHRISTIAN v. UMPQUA BANK
PLAINTIFF CHRISTIAN ALLEGED THAT SHE WAS STALKED
The facts of the case were largely undisputed. A bank customer allegedly stalked Plaintiff Jennifer Christian, leaving her unwanted notes, entering the bank without a business purpose and staying to stare at her, making unwanted inquiries of her co-workers about her, and appearing at a charity event where Christian volunteered.
Plaintiff Christian brought the matter to her supervisors, asking them to close the customer’s account and prohibit him from entering the premises. Although it closed (and subsequently re-opened) the customer’s account, and finally barred him from the bank, its actions prior to that were arguably suspect. For example, according to the complaint, at least two supervisors told Christian that she should “hide in the break room” when the customer entered.
PLAINTIFF CHRISTIAN REQUESTED A TRANSFER AND ULTIMATELY QUIT
Believing that Defendant Umpqua Bank was not doing enough to protect her safety, Plaintiff Christian requested a transfer to another branch. She accepted shorter hours, despite the financial hardship that this imposed. She ultimately quit because her doctor advised her to.
THE CONTINUING ALLEGED HARASSMENT VIOLATED TITLE VII
The Ninth Circuit reversed the summary judgment granted by the district court. It found that the trial judge erred by disregarding those incidents which Plaintiff Christian did not herself witness, but about which she was nonetheless informed. For example, the customer left notes for Plaintiff Christian which were ultimately given to her, and her co-workers told her when the customer asked about her.
The district court erred further by disregarding the incidents between the first and last acts of harassment because they were
THE ALLEGATIONS WERE SUFFICIENT TO HOLD DEFENDANT UMPQUA BANK LIABLE
Moreover, the allegations of Defendant Umpqua Bank’s actions – and frequent inactions – were sufficient that a reasonable jury could find that it either ratified the conduct, failed to take reasonable steps to stop it, or both.
CONCLUSION
Title VII allows for an employer’s liability for the actions of third parties if the employer either ratifies the actions, or fails to take immediate and appropriate corrective action.
Ninth Circuit, Filed 12/31/20. Opinion by Justice Paez.
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