Question

Teresa Roberts worked for Mike’s Trucking, Ltd., in Columbus, Ohio. Mike Culbertson, her supervisor, was the company’s owner. According to Roberts, Culbertson called her his “sexretary” and constantly talked about his sex life. He often invited her to sit on “Big Daddy’s” lap, rubbed against her, trapped her at the door, asked her for hugs or kisses, and inquired if she needed help in the restroom. Roberts asked him to stop this conduct to no avail. She became less productive and began to suffer anxiety attacks and high blood pressure. Roberts filed a suit in an Ohio state court against Mike’s, alleging a hos- tile work environment through sexual harassment in violation of Title VII. A jury decided in Roberts’s favor, and Mike’s appealed.

Issue Was Culbertson’s conduct sufficiently severe or pervasive to create a hostile work environment through sexual harassment in violation of Title VII?

Answer 1

Issue: Was Culbertson’s conduct sufficiently severe or pervasive to create a hostile work environment through sexual harassment in violation of Title VII?

Rule: Hostile-environment harassment occurs when the harassment is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. The elements considered in determining the severity of harassment includes the conduct that includes verbal, physical or both of sexual nature, the frequency of the conduct, whether it created a hostile environment and whether it sufficiently altered the employment conditions of the victim.

Analysis: In this case Culbertson, who is the supervisor of Roberts exercised both verbal and physical harassment of sexual nature by calling Roberts as ‘sexretary’, constantly talking about his sex life, inviting her to sit on his lap, rubbing against her, trapping her at the door, asking her for hugs and kisses and inquiring her if she needed help in the restroom. From this we can see that his conduct was frequent and enough to create a hostile environment. Though Roberts asked to stop the conduct, it was of no use. Roberts’ productivity got affected and she began to suffer anxiety attacks and high blood pressure. Hence Culbertson’s conduct satisfies the conditions to be considered as sufficiently severe or pervasive to create a hostile work environment through sexual harassment in violation of Title VII.

Conclusion: Culbertson’s conduct was sufficiently severe or pervasive to create a hostile work environment through sexual harassment in violation of Title VII.