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Prompt Investigation By Employer Can Defeat Sexual Harassment Claim


Equal Employment Opportunity Commission v. Autozone, Inc. and Autozoners, LLC - United States District Court for the Western District of Tennessee, Western Division


Facts:  The Equal Employment Opportunity Commission ("EEOC") filed suit against Autozone on behalf of Lakindal Smith ("Smith"), Cherrelle Willet ("Willett"), and Robyn McEuen ("McEuen") on the grounds that Autozone had committed unlawful employment practices.  The EEOC alleged that Gustavus Townsel ("Townsel"), store manager where Smith, Willett, and McEuen worked, created a hostile work environment by engaging in "lewd and obscene" behavior and that Autozone failed to take prompt and appropriate remedial measures.  The employees apparently complained about Townsel's conduct to a District Manager and Human Resources Manager.  The Human Resources manager conducted interviews with the employees and investigated the complained of conduct.  Townsel was subsequently transferred to another store and subsequently discharged a few weeks later.

Autozone moved for summary judgment on the EEOC's claims. 

Holding:  The District Court began its analysis of the EEOC's suit with a nod to Title VII of the Civil Rights Act of 1964 which requires a claimant establish that sexual harassment created a hostile work environment by proving that 1) she was a member of a protected class; 2) she was subjected to unwelcome sexual harassment; 3) the harassment complained of was based on sex; 4) the charged sexual harassment created a hostile work environment; and 5) the employer is liable.  Autozone argued in its motion for summary judgment that the EEOC could not establish the fifth factor of the test.  

In this case, the Supreme Court's 2013 ruling in Vance v. Ball State University was referenced in regard to the notion that an employer may be vicariously liable for an employee's unlawful harassment only when the employers has empowered that employee to take tangible employment actions against the victim.  In the situation when the harassing employee is not in a "supervisor" position, the plaintiff must show the employer knew or should have known of the offensive conduct but failed to take appropriate corrective action.  Based upon the undisputed facts, once Autozone knew or had reason to know that harassment was taking place, steps were taken to investigate the complained of conduct, the employees who complained of Townsel's conduct were interviewed, and Townsel was ultimately transferred to another store.  As a result, the evidence established that Autozone took appropriate corrective action upon being informed of the complained of conduct by Townsel.

Judgment:  The District Court granted Autozone's motion for summary judgment on the grounds that the company took appropriate corrective action immediately after several employees complained about the conduct of a manager and made the company aware of the offensive conduct.

The Takeaway:  I point this case out to readers to show the importance of taking action once an employee complains of offensive conduct in the workplace.  Given the standard that is applied, the plaintiff must show the employer knew or should have known of the offensive conduct but failed to take appropriate corrective action, the timeline of what the employer does (or does not do) is vital.  

In this case, the facts demonstrated that the employees who complained of Townsel's offensive conduct were interviewed and a subsequent investigation was immediately launched.  Rather than being reactive, Autozone was proactive about the situation and sought to investigate and remedy the matter, based upon the offensive conduct.  In situations such as this, it is imperative that the employer be diligent and take steps to remedy the complained of conduct...Failing to do so can ultimately be detrimental.

Majority Opinion Judge:  Judge Mays

Date:  July 13, 2016

Opinion:  https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=7&cad=rja&uact=8&ved=0ahUKEwiY2rHSlJnOAhWERCYKHfT3DFIQFghIMAY&url=http%3A%2F%2Fhr.cch.com%2FELD%2FEEOCAutoZone071316.pdf&usg=AFQjCNF3BD_gs7IEs0W-cUz8B5ZABi32AQ&sig2=tVuoCIGx-vC3GE2U8U0hEw&bvm=bv.128617741,d.cWw

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