Hansen v. SkyWest Airlines
844 F.3d 914
| 10th Cir. | 2016Background
- Hansen, a gay SkyWest employee from 2003–2011, alleges repeated sexual propositions, unwelcome touching, quid pro quo suggestions, and retaliation by supervisors and coworkers primarily at the Jackson, WY station.
- He notified SkyWest HR and provided a therapist’s letter documenting PTSD; he received intermittent FMLA-type accommodations but contends SkyWest failed to stop harassment.
- Key alleged harassers: coworkers/supervisors John Robinson and Lynn Katoa; incidents include rubbing genitals against Hansen, pressure to perform sexual acts for promotion, and lewd conduct witnessed by others.
- Hansen filed a 2009 Wyoming FEP charge (age/disability/retaliation) that did not allege sexual harassment, then filed a 2011 charge alleging sex discrimination/retaliation after termination in Jan 2011; the Wyoming FEP found probable cause for a hostile work environment.
- District court granted SkyWest summary judgment on all claims (hostile work environment, quid pro quo, coworker harassment, retaliation, IIED, disparate treatment); the Tenth Circuit reviews de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hostile work environment (Title VII timeliness/relatedness) | Hansen argues pre- and post-limit incidents (same type, perpetrators, location) form one continuing hostile practice; events within 300 days make earlier acts actionable. | SkyWest argued many events were time-barred and unrelated; district court excluded pre-10/13/2010 incidents. | Reversed in part: district court misapplied Morgan; related earlier incidents (e.g., Apr 2009 and Oct 2010 rubbing) must be considered; remanded to assess pervasiveness/severity. |
| Retaliation (causal nexus) | Hansen contends he engaged in protected opposition in 2010 (complaints about Robinson, reports to HR, renewed accommodation requests) and termination in Jan 2011 was retaliatory. | SkyWest asserted protected activity was too remote and lacked causal connection. | Reversed in part: district court overlooked 2010 reports; these are protected opposition and may permit a jury to find causation. Remanded. |
| Intentional Infliction of Emotional Distress (Wyoming law) | Hansen says supervisors abused power, engaged in repeated unwelcome physical contact, and retaliated for complaints; tormentors knew of his PTSD. | SkyWest argued conduct did not meet the extreme/outrageous threshold or was time-barred under limitations (fact-dependent). | Reversed in part: viewing evidence favorably to Hansen, a reasonable jury could find conduct extreme/outrageous under Kanzler factors; remanded for further proceedings. |
| Disparate treatment (Title VII) | Hansen alleged discrimination generally. | SkyWest moved for summary judgment. | Affirmed: district court grant of summary judgment on disparate treatment is affirmed (Hansen did not contest on appeal). |
Key Cases Cited
- Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (hostile work environment continuity and timeliness principle)
- Duncan v. Manager, Dep’t of Safety, City & Cty. of Denver, 397 F.3d 1300 (10th Cir. 2005) (factors for relatedness by type/frequency/perpetrator)
- Tademy v. Union Pac. Corp., 614 F.3d 1132 (10th Cir. 2010) (hostile work environment severity/pervasiveness standard)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for discrimination/retaliation claims)
- Crawford v. Metro. Gov’t of Nashville & Davidson Cty., 555 U.S. 271 (definition of "oppose" for protected activity)
- Kanzler v. Renner, 937 P.2d 1337 (Wyo. 1997) (Wyoming factors for IIED in workplace misconduct)
- Worley v. Wyo. Bottling Co., 1 P.3d 615 (Wyo. 2000) (employment relationship relevance to outrageousness)