Stepdad’s ‘slobbery’ kiss leads to big trouble for Tennessee employer

Under Title VII of the Civil Rights Act of 1964, an employer can be held liable for retaliation by a nonsupervisory coworker if (1) the conduct is severe enough to dissuade a discrimination complaint, (2) management was aware of the behavior, and (3) it condoned or tolerated the actions. Family drama spilled over into the workplace in a recent West Tennessee case showcasing how employers can get into trouble if they are perceived as tolerating unlawful retaliation for reporting a sexual harassment complaint.

Facts

In late 2017, Taylor Benoist started working for Titan Medical Manufacturing, a medical device maker in Bartlett, Tennessee. The 22-year-old had a special connection to Titan: Her mother’s long-term boyfriend, Jeff Kenyon, was a manager there, and his family owned and ran the company. Technically, he wasn’t her stepfather, but he testified he considered himself to fill that role.

In February 2018, Benoist and her boyfriend moved in with Kenyon and her mom. The living arrangement agitated Kenyon, who didn’t like the fact that Benoist’s boyfriend was unemployed.

On February 28, Kenyon (who had no supervisory role over Benoist) confronted her at work to express his displeasure with her boyfriend. During the conversation, Benoist cried, and Kenyon hugged her. At one point, she turned away to look at her work computer, at which point he grabbed her on both sides of the face, turned it toward him, and planted a kiss on her mouth for eight seconds.