Rumors, innuendo lead Wyoming Highway Patrol to face sexual harassment trial

Most people know overtly sexual comments are likely to violate their employer’s rules and could lead to sexual harassment claims. But many don’t understand the comments are a problem not just because they’re sexual. That’s because the sexual content can be used as evidence to show other nonsexual negative treatment was motivated by discriminatory intent. As a result, the sex-based misconduct is just one aspect of the working environment you must consider—whether overtly sexual or not—to determine whether an employee was subject to a hostile work environment.

In the following opinion from the U.S. 10th Circuit Court of Appeals (which covers Wyoming employers), you can learn more about how employees should be trained to avoid harassment and how supervisors should deal with rumors and other inappropriate behavior.

Quick summary of court action

The Wyoming Highway Patrol (WHP) was sued by Delsa Brooke Sanderson, a female state trooper, who alleged discriminatory demotion, sexual harassment, and retaliation for complaining about the behavior. The trial court dismissed the sexual harassment and retaliation claims without a trial, and a jury found in the WHP’s favor on the discrimination case.

Sanderson appealed the dismissal of her sexual harassment and retaliation claims. The 10th found partially in her favor and sent the harassment claim back to the lower court for a jury trial.

Successful state trooper