6th Circuit sets boundaries for hostile work environment claims

The U.S. 6th Circuit Court of Appeals (which covers Michigan employers) recently provided employers with fresh guidance on what workplace actions may be considered “based on sex” and how severe and frequent the circumstances must be to create liability for a hostile work environment claim.

Facts

Nicole Massey began working for the Detroit Water and Sewerage Department (DWSD) in 2004. She claimed her supervisor harassed her by commenting on her weight and body odor, and other employees referred to her as the “Queen of FMLA” (or the Family and Medical Leave Act). In addition, she alleged another female security officer put her hand down Massey’s shirt to check if she was wearing a bra.

Massey claimed the harassment continued after the Great Lakes Water Authority (GLWA) replaced the DWSD as the operator of the city’s water and sewer systems. While with the GLWA, she cited five instances of sexual harassment over a 15-month period to substantiate her hostile work environment claim.

The alleged incidents included several comments and a performance evaluation concerning the size of Massey’s breasts and her need for a more supportive bra. When she complained to a coworker about the hostile work environment, no investigation occurred. Instead, Massey was cited for harassing the coworker.