665 F.3d 978
8th Cir.2012Background
- Appellants Jennifer Crawford, Gannon Dvorak, Ernest Magdaleno, David Peters, and Michael Meadows sued their employer BNSF Railway Company for sexual and racial harassment by supervisor Michael Duran under Title VII.
- District court granted summary judgment in favor of BNSF on Ellerth–Faragher affirmative defense; the court did not decide the merits of the harassment claims.
- Appellants alleged Duran subjected them to frequent sexual harassment and Magdaleno to racial harassment beginning in early 2008.
- BNSF had a published anti-harassment policy, multiple reporting channels, and required prompt, impartial, confidential investigations; retaliation was prohibited.
- Appellants delayed reporting for approximately eight months, then Crawford reported in October 2008; BNSF promptly investigated and terminated Duran (via resignation) after the report.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ellerth–Faragher defense bars Title VII claims | Crawford and others argue no defense since BNSF knew and failed to enforce policy | BNSF contends it exercised reasonable care and employees unreasonably failed to utilize procedures | Defense established as a matter of law |
| Whether BNSF's harassment policy and actions satisfied reasonable-care prong | Policy enforcement was lacking due to prior informal knowledge | Policy enforced; investigations conducted; swift action after report | Reasonable-care prong satisfied; policy effective |
| Whether employees unreasonably failed to report to avoid harm | Delay was reasonable given fear of retaliation and need to gather evidence | Delay unreasonable; employees failed to use available channels | Second prong satisfied; employees unreasonably failed to utilize procedures |
Key Cases Cited
- Faragher v. City of Boca Raton, 524 U.S. 775 (U.S. 1998) (establishes Ellerth–Faragher affirmative defense elements)
- Ellerth v. Burlington Industries, Inc., 524 U.S. 742 (U.S. 1998) (employer vicarious liability with affirmative defense)
- Weger v. City of Ladue, 500 F.3d 710 (8th Cir. 2007) (employer notice and corrective-action requirements; reasonableness of response)
- Adams v. O'Reilly Auto., Inc., 538 F.3d 926 (8th Cir. 2008) (reasonableness of employee failure to utilize employer procedures; delay not reasonable")
- Ogden v. Wax Works, Inc., 214 F.3d 999 (8th Cir. 2000) (comparison showing proper enforcement of policy can support defense)