Cases Highlight Importance of Anti-Harassment Measures

In a case that illustrates the importance of adopting and enforcing an effective anti-harassment policy, a federal court in Chicago recently held that an American Airlines employee could not proceed with his racial harassment claim because he initially failed to report the alleged harassment to a supervisor, as required by American's policy. Additionally, the airline took appropriate corrective action once it learned of the harassment. Montgomery v. American Airlines, Inc.

However, another recent decision by the Fifth Circuit Court of Appeals demonstrates that even an effective anti-harassment policy cannot insulate an employer from all harassment claims. In Puebla v. Denny's, Deanna Puebla, a server at a Denny's restaurant, alleged that her supervisor sexually assaulted her twice in one day. After the assaults, Puebla went home crying, took a shower, and went to sleep. The following day, she reported the assaults to managers at another Denny's location where she had previously worked. The managers immediately called Denny's corporate management and the police. The supervisor was arrested, and Denny's fired him the following day. Puebla subsequently filed a sexual harassment suit against Denny's. Dismissing her claim, the district court ruled that Denny's could not be held liable because Puebla failed to report the assaults on the day they occurred. The appellate court reversed, holding that it would be absurd to require Puebla to report the incidents to the supervisor who assaulted her. Further, the court found that it was reasonable for her to wait until the following day to report the incidents to managers at another location. Thus, even though Denny's took immediate action once Puebla reported the assaults, it could be held liable for Puebla's injuries.

These cases illustrate both the importance and the limitations of anti-harassment policies. In most cases, such policies can insulate employers from liability if they are clearly communicated to employees and if the employer takes prompt, effective action upon receiving a report of harassment. However, even the most responsible employer can face liability for harassment. Thus, employers can and should take certain additional steps to reduce their exposure, such as carefully screening candidates for supervisor positions, adopting workplace violence prevention programs, and conducting regular anti-harassment training.