MN courts still require severe or pervasive conduct to prove hostile work environment

For more than 30 years, Minnesota courts have followed federal law in ruling hostile work environment sexual harassment is actionable (or pursuable in court) only if the behavior is severe or pervasive enough to alter the individual’s work environment. Recently, the Minnesota Supreme Court was asked to reevaluate the standard to determine if it needed to be modified or relaxed.

How it all started

Assata Kenneh worked for Homeward Bound, Inc., which operates residential care facilities for disabled people. When she transitioned to a new role as program resource coordinator, she met and began interacting with maintenance coordinator Anthony Johnson. She alleged Johnson almost immediately began engaging in various sexually oriented behaviors toward her, including:

• Complimenting her haircut and suggesting he could come to her home and trim her hair;
• Telling her, as he stopped to help her with a stuck drawer, that he “likes it pretty all day and all night” and also liked “beautiful women and beautiful legs”; and
• Suggesting she take some cake left over from a party the previous day, and adding, “I will eat you—I eat women.”

Kenneh complained, but the HR department’s investigation was deemed “inconclusive.” She was informed, however, Johnson would receive additional sexual harassment training and be instructed not to be alone with her.