9th Circuit rules Vancouver bank may be liable for stalking by customer

Title VII of the Civil Rights Act of 1964 prohibits sex discrimination in employment. One way an employer can violate that prohibition is by being responsible for a hostile work environment. To establish unlawful sex discrimination under a hostile work environment theory, the employee must show two things: (1) She was subject to sex-based harassment that was sufficiently severe or pervasive to alter the conditions of her employment and (2) her employer is responsible for the hostile environment.

In the case of conduct by a coworker or third party, such as a customer, an employer can be held responsible for the hostile environment if it doesn't take prompt corrective action that is reasonably calculated to end the conduct.

Those principles were explained in a recent decision by the 9th U.S. Circuit Court of Appeals, the federal appellate court that has jurisdiction over cases arising in the nine western states.

Facts

Jennifer Christian worked for Umpqua Bank in a branch located in downtown Vancouver, Washington. Her role included helping customers open accounts. In late 2013, a customer she didn't know asked her to open a checking account for him. At the time, she didn't feel threatened or afraid. Soon thereafter, however, the customer started visiting the bank to drop off "small notes" for her. The notes told Christian she was "the most beautiful girl he'[d] seen" and that he "would like to go on a date" with her. Christian became concerned, as did her colleagues. Her lead supervisor cautioned her to "watch out, you know, that it doesn't escalate."