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Two Butt Grabs By an Employer is Apparently Not Offensive Conduct to a Reasonable Person


Stallworth v. Guyoung Tech USA, Inc. - US District Court for the Southern District of Alabama, Southern Division


Facts: Tanisha Stallworth was hired to work at Guyoung Tech USA, Inc.  On June 28, 2012 while at work, Jin Rae Cho (a Vice President of Guyoung and supervisor) approached Stallworth to talk about work and placed a hand on her butt.  Stallworth backed away and asked a fellow employee to talk to Cho.  Cho then asked Stallworth to come back over and after talking with her, patted Stallworth's butt again, smiled, and gave her a thumbs up.

Stallworth reported the incident and was told that it was not the first time Cho had done that and would not be the last.  Stallworth then sought out HR to complain and file a sexual harassment complaint.  After a period of time, Stallworth was informed that her services were no longer needed.  Stallworth subsequently filed a discrimination claim against Guyoung for Cho's actions.  Guyoung moved for summary judgment on Stallworth's claims.

Holding:  The District Court granted Guyoung's motion for summary judgment and held that Cho's behavior was not severe nor pervasive, and therefore Stallworth could not prevail on her discrimination claim.  In order for a party to prevail on a sexual harassment claim, it must be shown that:

  • She was subjected to harassment because she was a woman;
  • The harassment was severe or pervasive;  
  • She was offended;
  • A reasonable woman in her shoes would have been offended; and
  • There is a basis for holding the employer liable.

The court acknowledged that while Cho's actions may have been humiliating to Stallworth, Cho's conduct was not frequent, severe, physically threatening, or of a nature that would unreasonably interfere with Stallworth's work performance.  As well, the court suggested that Stallworth had thin skin as a reasonable person would not find these butt grabs to be severe or pervasive conduct.

Judgment:  The District Court granted Guyoung's motion for summary judgment and held that Stallworth could not prevail on her discrimination claim because a reasonable person would not find two butt grabs to be offensive conduct, nor was this conduct frequent, severe, or physically threatening.

The Takeaway:  This is a rather interesting opinion.  I find it hard to believe that one butt grab is not considered offensive...let alone two.  This case is somewhat of an outlier, and for those practicing outside of Alabama, it should serve as little more than an interesting read of a somewhat extreme latitude that is given to employers who grope employees in the state, at least in this court.  

Majority Opinion Judge:  Judge DuBose

Date:  May 30, 2014

Opinion:  http://www.scribd.com/doc/228379868/STALLWORTH-v-GUYOUNG-TECH-USA-INC

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