Dive Brief:
- A sexual relationship with a work-study assistant was a legitimate, non-discriminatory reason for firing a poetry professor, the 8th U.S. Circuit Court of Appeals has ruled (Naca v. Macalester College, No. 18-3264 (8th Cir. Jan. 16, 2020)).
- Kristin Naca sued Macalester College after she was fired for violating the school's policy on student-teacher relationships, alleging the reason was pretext for disability discrimination. After a former student filed a complaint, the employer completed a "formal investigation, a hearing, and at least five layers of review" before firing her, according to court documents. The court noted that Naca was "competitive for tenure" until the student's complaint was received.
- A district court dismissed most of the claims Naca made in her complaint, granting the college summary judgment on her discriminatory discharge and failure-to-accommodate claims. The lower court said she hadn't made a prima facie case of discrimination and on appeal, the 8th Circuit said that even assuming she had, the college put forth a "legitimate, non-discriminatory reason for termination — her sexual relationship with Doe that Naca does not counter with sufficient evidence of pretext."
Dive Insight:
Employers that act appropriately and quickly in responding to harassment complaints generally have a better chance of prevailing in court if the activity evolves into a lawsuit, experts say. The 10th Cir., for example, recently held that a Kansas City school district's response to an employee's report of sexual harassment was reasonable. The school investigated the accident, obtained written statements from those involved and fired those who it determined broke school policy.
Similarly, in an instance in which there was extensive evidence of a hostile work environment created by co-workers, a district court determined the employer was not liable because it took prompt remedial action sufficiently calculated to stop the harassment. Within 24 hours of receiving a harassment complaint, the employer took several steps, including separating the complainant from the accused.
HR can be instrumental in creating and enforcing appropriate policies, holding wrongdoers accountable and promptly investigating all complaints. But a study by pelotonRPM found that many managers and other leaders are ill-prepared to deal with harassment claims, bullying, discrimination and other misconduct. For example, they often don't know what follow-up questions to ask workers who raise complaints and aren't always aware of — or don't always communicate — an employer's anti-discrimination and anti-harassment policies. HR can help managers and themselves become better equipped to handle misconduct with thorough training.
When approached with allegations of sexual harassment or other serious improper conduct, it's essential that HR launch a prompt and thorough investigation, employment law attorneys say. While there may be no definitive way to determine who is telling the truth in a given situation, HR should do its best to review evidence and reach a well-reasoned conclusion, they advise.