Employee Fails to Establish Sexual Harassment Claim After Viewing Two Nude Scenes on Television in Employee Lounge

Sims v. Met Council - United States District Court, District of Minnesota

Facts:  Stephanie Sims ("Sims") worked as a bus driver for Metro Transit from September 2013 until July 2017.  One work day in January of 2017, Sims walked into a drivers' lounge at one of the bus garages.  A show, Luke Cage, was playing on the television and Sims observed nudity on the screen.  After apparently arguing with her co-workers about the show, the television was turned off.  Sims claimed that after leaving the lounge and returning later, the show was back on the television.  After Sims again complained, the television was turned off.  (The record established that there were two scenes with nudity, each lasting less than a minute.)

Sims also claimed that when she arrived to work on the day she saw the television show on in the lounge, she heard two co-workers conversing and using sexually explicit language.  However, Sims did not claim the conversation was about her nor that the language was directed at her.  When Sims complained to a manager, the co-workers were counseled about their choice of language.

When Sims complained to several managers about the television show, she was told it would be addressed.  For starters, the television was prohibited from showing any streaming television shows and the television was ultimately removed.  As well, the employee that brought the streaming service device in to watch Luke Cage was counseled in a one on one session and other employees were spoken to about respectful workplace policies and the prohibition on retaliation.

Sims apparently received several threats from co-workers which Sims reported.  Her supervisor subsequently offered her suggestions to help her feel safe.  Sims rejected the supervisor's suggestions and eventually submitted a doctor's note that she could not have any contact with any co-worker.  After subsequently being terminated, Sims filed suit and alleged termination in violation of Title VII of the Civil Rights Act of 1964, retaliation, negligent infliction of emotional distress, and negligence.  Met Council subsequently moved for summary judgment.

Holding:  (Note, this case brief analyzes only the sexual harassment and retaliation portion of Sims's claim.)

As litigators are likely aware, when a party moves for summary judgment, the evidence must be viewed in the light most favorable to the non-moving party.  As the movant, the burden is on them to establish no genuine issue of material fact exists.

Sexual Harassment

Of course, Title VII prohibits discrimination "against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.  A workplace is hostile or abusive when it is "permeated with 'discriminatory intimidation, ridicule, and insult' that is 'sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment.'"  The severity of the harassment is judged both objectively and subjectively.

In this case, the Court founds that Sims's workplace harassment claim failed.  In particular, her exposure to the two brief scenes of nudity on the television could not "reasonably be perceived...as hostile or abusive."  Although Sims found the scenes offensive and believed they created a hostile work environment, her subjective belief was only part of the analysis.  Going one step further, the Court pointed out that even if the two brief scenes could objectively rise to severe or pervasive harassment, there was no evidence that she was subject to something that male drivers were not exposed.  (The television was on for all drivers to see.)  Notably, the two nude scenes were not directed at Sims because she was female.

As well, the evidence established that the employer took prompt remedial action when it learned of the situation:  Sims's managers responded to the complaints, took steps to address her concerns, and took immediate action.

Retaliation

In order to proceed ahead with her retaliation claim, Sims was required to establish she was engaged in protected activity and suffered an adverse employment action as a result.  The Court recognized that Sims was engaged in protected activity by complaining to her supervisors and she subsequently suffered an adverse employment action by being terminated.  However, where Sims fell short was the fact that she failed to establish that her complaints caused her termination. 

Judgment:  The Court granted summary judgment in favor of the employer on the grounds that objectively, the employee failed to establish that her viewing of two brief nude scenes on a television in an employee lounge created a hostile work environment nor that she was retaliated against by her employer when she complained to her supervisor about the situation.

The Takeaway:  Now I will throw a word of caution out that employees should not view this case as a green light to start watching explicit shows/movies at work and think it is ok.  The Court is not saying that this conduct is proper.  Rather, the Court pointed out that while the two nude scenes being played on a television in an employee lounge might have been in bad taste, the scenes were brief and not directed at Sims.  (Had co-workers sent Sims a text message, e-mail, etc. with a link to these scenes, that would likely be a much different situation.)  As well, the record established that Sims's supervisor and managers took steps to address the situation by talking with Sims's co-workers, eventually removing the television, and cautioning the co-workers to not retaliate against Sims.  (Again, had nothing been done when Sims made the complaints or had the supervisor or managers failed to take action, this would likely be a much different situation.)

Majority Opinion Judge:  Judge Magnuson

Date:  August 22, 2019

Opinion:  https://scholar.google.com/scholar_case?case=5309924189351691772