4th Circuit breaks new ground on same-sex sexual harassment claims

In a case involving same-sex sexual harassment, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently partially reversed a district court’s grant of summary judgment (dismissal without a trial) to the employer. The appeals court issued the ruling as a published decision, meaning it has precedential effect (authority for subsequent cases) in the circuit, which also includes Maryland, North Carolina, and Virginia.

Facts

Glenn Industrial is a North Carolina-based business providing underwater inspection and repair services to utility companies. In July 2015, the company hired Chazz Roberts as a dive tender or diver’s assistant. He signed the employee handbook, which included a policy requiring all sexual harassment complaints to be reported to the CEO.

Andrew Rhyner supervised Roberts. From the beginning of his employment and continuing throughout his tenure, Roberts alleged the supervisor referred to him as “gay” and used sexually explicit and derogatory remarks toward him, creating a hostile work environment based on sex. Rhyner also physically assaulted Roberts twice.

Roberts complained to (1) Rhyner’s boss on at least four occasions, (2) another supervisor who witnessed the conduct, and (3) Glenn Industrial’s HR manager, who was the CEO’s wife. He never complained to the CEO. Rhyner was never disciplined or counseled.