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Rumor Has It: U.S. Supreme Court Declines to Consider Whether Spreading a False Rumor Can Create a Hostile Work Environment


At the start of the month, the U.S. Supreme Court declined to hear an appeal from a Fourth Circuit Court of Appeals decision in Parker v. Reema Consulting Services, Inc., a February 2019 case that found that the spreading of a false rumor that a female employee slept her way to a promotion could give rise to a hostile work environment claim under Title VII of the Civil Rights Act of 1964.

In the case, Evangeline Parker ("Parker") claimed that she was discriminated against on the grounds that her employer allowed a hostile work environment to exist when it allowed a false rumor to spread that Parker got a promotion because she slept with a supervisor.  The facts in the record established that the employer knew of the rumor (originated by some co-workers of Parker), with one of the managers even excluding from a meeting in which the rumor was discussed.  As well, the manager went on to tell Parker that she could no longer be recommended for promotions or higher level tasks because of the rumor.  After getting two warnings for apparent employment related conduct,

The Fourth Circuit Court of Appeals found that Parker had stated a viable Title VII claim against her former employer.  Agreeing with precedent from the Third and Sixth Circuits, the Fourth Circuit held that rumors that relate to sexual conduct are based on sex (and therefore actionable under Title VII.)  However, this opinion was noteworthy in so much that it further established a split among the circuits with the Second, Seventh, and Tenth Circuits having gone the opposite direction, finding that these rumors are based on conduct, rather than sex (and therefore not actionable under Title VII.)

The appeal to the U.S. Supreme Court subsequently followed the Fourth Circuit's decision.  I am somewhat surprised by the Supreme Court declining to take the case on appeal, as the Court's ruling on the matter would have resolved a growing split among Circuits.  While we could speculate that the Court is not interested in clarifying the matter at this time, does not think this case has the "proper" facts to resolve the split, etc., etc., for the time being, the Fourth Circuit's decision stands.


For additional information:  https://www.natlawreview.com/article/supreme-court-will-not-disturb-ruling-false-rumor-about-sleeping-your-way-to?amp

For additional information from the U.S. Supreme Court:  https://www.supremecourt.gov/Search.aspx?FileName=/docket/docketfiles/html/public/18-1442.html

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