Sixth Circuit: No Hostile Work Environment When Plaintiff Cannot Recall Specific Words or Frequency

This morning, in a remarkably brief and concise eight-page opinion, the federal Sixth Circuit Court of Appeals affirmed summary judgment against a former massage therapist who had alleged that she had been fired for complaining about a hostile work environment. Keane v. IT-Works, Inc., No. 10-2512 (6th Cir. 3/7/12). The Court found that she could not satisfy her burden of proving a hostile work environment when she could not remember the specific words which the allegedly harassing co-worker had said or how often he was allegedly offensive. Without that evidence, she could not prove that his conduct was severe or pervasive. In addition, she could not show that the employer failed to take reasonable steps to stop the harassment when it had acted on her complaints to stop her co-worker’s offensive comments and there was no evidence that anyone complained about him after that point in time. Finally, she could not prove retaliation when she wasn’t fired until more than two months after she had complained about his offensive comments, and she had received both a favorable performance evaluation and a 7% raise between the time of her complaint and the time she was fired (for gossiping about the employer’s financial condition with her co-workers). “Intervening favorable actions of an employer may not be a complete bar to recovery, cf. Clay v. United Parcel Service, Inc., 501 F.3d 695, 711 (6th Cir. 2007), but they assuredly weigh against a claim of retaliation.”

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.