Fourth Circuit Rules for Plaintiff in Sexual Harassment Case
In Whitten v. Fred’s, Inc., the Fourth Circuit issued an important ruling in a sexual harassment case. The Court concluded that the company-defendant could held liable for sexual harassment by its manager, even if the manager did not have the authority to fire the harassed worker. Although the Court was addressing state law claims, South Carolina anti-discrimination law mirrors federal law, and the Court based its decision on federal case law. So, it seems that its decision would apply to federal Title VII claims as well.
The plaintiff Clara Whitten was an assistant manager at Fred’s, a department store. Matt Green worked with Whitten as the store’s manager. After being transferred to Green’s store, Whitten only worked two days at the store before she felt compelled to quit because of sexual harassment from Green. Whitten alleged that Green rubbed his genitals against Whitten on two separate occasions, that Green punished her by changing her schedule and giving her undesirable tasks because Whitten did not want to spend any time alone with Green, and that Green was verbally abusive. Read more…
Categories: Judicial Decisions
