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Court delivers win for FedEx on sexual harassment claim

July 2021 employment law letter
Authors: 
Kelly Smith-Haley, Fox Swibel Levin & Carroll LLP

FedEx was sued by a current employee who alleged she was sexually harassed by a male team “lead.” The female employee alleged the individual was her supervisor and that the employer should therefore be held to a higher standard. Read on to learn why an Illinois federal court rejected the claim that the team lead was a supervisor.

Total package

Wendy Brooks was working as an hourly sanitation teammate at a FedEx facility in Edwardsville, Illinois, when she was assigned to work with Theodore Singleton. He worked as a lead hourly teammate, serving as the liaison between management and hourly employees.

Brooks claimed Singleton sexually harassed her on multiple occasions by making inappropriate comments and engaging in unwanted and inappropriate physical touching. She also alleged he showed her a picture of his penis and performed a “hip thrust” near her.

Brooks reported some of the alleged incidents to FedEx’s HR department. After investigating the allegations, the company issued a verbal warning to Singleton and required him to take antiharassment training. Brooks later filed a sexual harassment claim with the Equal Employment Opportunity Commission (EEOC), followed by a federal lawsuit.

Bossy pants

To establish a sexual harassment claim under Title VII of the Civil Rights Act of 1964, Brooks needed to show:

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