2:19-cv-12823
E.D. La.Sep 30, 2022Background
- Plaintiff Carolyn Johnson, an Administrative Coordinator at LSU Health Science Center–New Orleans, alleges co-worker Dr. Jeffrey Schumacher slapped her buttocks on August 10, 2018, and had previously made sexual and racially tinged comments.
- Plaintiff did not report the incident until August 16, 2018; LSU HR investigated from August 16 to September 18, 2018, substantiated the complaint, relocated Schumacher, and provided Plaintiff a private workspace during the investigation.
- Plaintiff took medical leave (September–December 2018; extended through May 2019), sought workplace accommodations which LSU approved, but ultimately was removed from her position after exhausting leave.
- Plaintiff pleaded Title VII claims for sexual harassment (Count 1), racial harassment (Count 2), and retaliatory harassment for being assigned to an allegedly unsuitable workspace during the investigation (Count 3).
- LSU moved for summary judgment arguing the conduct was not severe or pervasive, it lacked pre-incident notice, took prompt remedial action upon notice, and the alleged "bug room" assignment and investigation timeline were not adverse employment actions.
- The court granted LSU’s motion for summary judgment, dismissed all Title VII claims with prejudice, and denied as moot LSU’s motion to strike Plaintiff’s affidavit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Schumacher's conduct (slap + prior remarks) created a hostile work environment (sexual harassment) | The slap was part of ongoing sexual harassment (nickname, comments, leering) that was severe/pervasive | The single physical incident and alleged prior remarks are not severe or pervasive enough under Fifth Circuit law | Court: No genuine dispute; conduct insufficient to satisfy "severe or pervasive" requirement; sexual harassment claim dismissed |
| Whether the conduct constituted racial harassment | Prior comments and overheard conversations had a racial component supporting Title VII claim | The slap was purely sexual and lacked a racial component; no evidence of prior racial harassment known to LSU | Court: No evidence of racial component or corroboration; racial harassment claim dismissed |
| Whether LSU knew or should have known and failed to take prompt remedial action | LSU failed to promptly and adequately protect Plaintiff (assignment to improper workspace) | LSU had no notice before Aug 16 and, upon notice, promptly investigated and separated the parties | Court: No pre-incident notice; investigation was timely and remedial measures were taken; element not met |
| Whether assignment to the "bug room"/investigation delay constituted adverse action for retaliation | The assignment and investigation delay amounted to retaliatory harassment actionable under Title VII | The assignment did not affect job duties, pay, or benefits and investigation timing was reasonable, so no adverse employment action | Court: No adverse employment action shown; retaliation claim dismissed with prejudice |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Harvill v. Westward Commc’ns, L.L.C., 433 F.3d 428 (elements of hostile work environment claim)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (objective and subjective offensiveness standard)
- Lauderdale v. Tex. Dep’t of Crim. Justice, 512 F.3d 157 ("severe or pervasive" is disjunctive; isolated egregious acts may suffice)
- Pegram v. Honeywell, Inc., 361 F.3d 272 (definition of adverse employment action for retaliation)
- McClendon v. United States, 892 F.3d 775 (limitations of self-serving affidavits at summary judgment)
- Kariuki v. Tarango, 709 F.3d 495 (conclusory affidavits insufficient to create genuine issue of material fact)