NC court shuts down former Bojangles employee's hostile environment claim

A former Bojangles manager of 10 years recently sued the company, claiming she was subjected to a hostile work environment when her supervisor touched her and played with her hair. The employer asked the court to dismiss the case, and the court agreed.

The case provides helpful guidance on what type of conduct might be considered severe enough to constitute sexual harassment as well as what type of behavior might fall short.

Facts

Stacie Harris was a store manager at a Bojangles restaurant in King, North Carolina. During part of her employment, she was supervised by Tommy Fauber, the company's area director. During a meeting after taking over the position, he played with her hair and gave her a tight hug. According to her, he also would come into the restaurant approximately every week and touch female employees' arms, backs, hips, hands, and hair.

At some point after the incidents, Harris met with Fauber, his supervisor, and the regional vice president of operations to discuss the area director's conduct. Additionally, she sent an e-mail to the HR department alleging Fauber had:

• Come into the store and put his hands on females working there;
• Asked them to meet him outside of work; and
• Made others feel uncomfortable.

Harris also sent a certified letter to Bojangles describing the allegations against Fauber. After an investigation, the company's senior HR director concluded the charges weren't credible.