Prison Guard's Sexual Harrasment Claim Dismissed

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10/21/2009
Mark D. Dix
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Prison Guard's Sexual Harrasment Claim Dismissed

A United States Magistrate Judge recommended that two sexual harassment claims be dismissed in an employment discrimination suit last week. In Sizemore v. Southwest Virginia Regional Jail Authority, a female prison guard challenged her termination as contrary to federal sexual harassment laws. In particular, the guard alleged that her superior officer had made illegal sexual remarks to her in such a sever and consistent manner as to amount to a “hostile work environment.” She also alleged that she was fired because she was a woman, in violation of the Civil Rights Act of 1964.

On the hostile work environment claim, the federal magistrate recommended dismissal. Federal law requires a plaintiff to demonstrate that an “objective, reasonable person” would find the work environment to be abusive or hostile and that the particular plaintiff actually found the working environment to be abusive or hostile. While the guard in this case produced sufficient evidence to show that a reasonable person would have found the prison to be an abusive or hostile work environment, the court held that she failed to produce any evidence that she actually found it to be hostile. The court stated that the female guard failed to show that she perceived the work environment to be hostile or abusive in the slightest, despite alleging many inappropriate comments.

On the second claim, for unlawful firing due to her sex, the magistrate judge likewise recommended dismissal. On that issue, the female guard produced evidence that male guards were more likely to be demoted or transferred for the same kinds of conduct she was disciplined and ultimately fired for. In response, the prison argued that the female guard was terminated for poor performance evaluations, repeated tardiness, and negligence in her daily work. The court found that argument persuasive, and held that the prison had supplied an adequate non-discriminatory basis for the firing. As such, the guard could not seek damages from the prison for unlawful termination.

Labels: civil rights discrimination harrasment