Just because it's not harassment doesn't mean it's acceptable

Recently, the U.S. 8th Circuit Court of Appeals (whose decisions govern employers in Iowa, Minnesota, Nebraska, North Dakota, and South Dakota) held that a supervisor's behavior and comments toward a female employee didn't meet the high threshold to be a hostile work environment under Title VII of the Civil Rights Act of 1964. The court made it clear, however, that although the conduct didn't amount to an actionable claim, it was inappropriate and shouldn't have been tolerated. The decision is a reminder to employers that although the standard to create a hostile work environment is high, the behavior forming the basis of the claim shouldn't be accepted.

Facts

In 2015, Jennifer Paskert became a sales associate of Auto$mart, Inc., in Iowa. Her supervisor was Brent Burns. Throughout her employment, he was demeaning, sexually suggestive, and inappropriate to women. For instance, she heard him say he "never should have hired a woman" and wondered aloud whether he could make her cry. He also had openly bragged at work about his sexual conquests. On one occasion, he attempted to rub her shoulders and said he was going to give her a hug. On another occasion, he told her he could "have" her if they weren't already married to other people.