• 19
  • January
    2012

A case was recently brought to the attention of the California Court of Appeals after a trial court judge stepped in to take the verdict out of the hands of the jury. The case was a sexual harassment suit brought by an employee who felt that she had been forced to work in a hostile work environment.

The jury determined that the female employee had been forced to experience severe or pervasive harassment, the threshold required for an award in the case. The jury determined that the woman had suffered damages in the amount of $250,000. A very rare JNOV or "judgment notwithstanding the verdict" was entered in this case. A JNOV means that despite the jury's ruling, a judge found that there was insufficient evidence to uphold the verdict, and the Court of Appeals agreed.

Why was there insufficient evidence? The Court of Appeals discussed further what constitutes a hostile work environment and why in this specific instance the behavior, while "rude, insulting, and unprofessional," did not constitute severe or pervasive harassment. According to the court, when instances of possible harassment were spread out over a 4-year period with 6 months between several of the instances, in this instance it was not enough.

Also, in this specific instance, the court stated that the instances that were complained about were about the female employee but not directed at her. The court ruled that the conduct would have to have been directed at the woman and not found by her private, independent investigation. Other factors played a role in the decision as well.

There are certainly mixed feelings about the decision, but the one thing that the case certainly defines is that every situation is different. Every situation needs to be studied on a case-by-case basis. In one situation a factor may exist, but the combination of other factors could make the case go either way. If you feel like you are being harassed at work, consult with an attorney about your individual situation.

Source: HR.BLR.com, "Sexual Harassment: What Conduct Creates a Hostile Work Environment?" Jan. 10, 2012