707 F. App'x 641
11th Cir.2017Background
- Jamilia Jones worked as a claims specialist at Allstate from May 2010 to Sept. 2012 and alleged sexual harassment by supervisor Jermaine Johnson (Oct–Dec 2011) and later PTSD and FMLA/ADA impacts.
- Jones requested a transfer in Dec. 2011; management moved her to a different team though employees worked in a common room.
- She took medical leave (Jan–Apr 2012) for PTSD, returned in April, and filed a written sexual‑harassment complaint on April 23, 2012.
- Allstate investigated and terminated Johnson on May 8, 2012; Jones continued to have attendance issues, received approved part‑time accommodation, then resigned effective Sept. 24, 2012 (stopped working after Sept. 10).
- District court granted summary judgment for Allstate on ADA, FMLA, Title VII harassment and retaliation claims; Eleventh Circuit affirmed, finding no adverse action, untimely hostile‑work‑environment claim, and successful employer defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive discharge | Working conditions (harassment, coworkers’ ostracism, lack of breaks) were intolerable, forcing resignation | Allstate removed the harasser, accommodated leave and schedule; resignation was voluntary | No constructive discharge; conditions not objectively intolerable; voluntary resignation defeats claim |
| ADA accommodation / insufficient breaks | Allstate failed to provide required breaks and thus discriminated based on PTSD | Jones had breaks (5–10 mins), no denial identified, Allstate approved part‑time schedule | No ADA discrimination; record lacks specific denial or discipline for breaks; plaintiff waived challenge to qualification |
| Title VII hostile work environment (timeliness) | Harassing conduct began Oct–Dec 2011 and continued (staring) into 2012 — part of same hostile environment | Transfer in Dec. 2011 was an intervening corrective action; first EEOC charge filed Aug. 29, 2012, after limitations | Hostile‑work‑environment claim time‑barred for pre‑March 2012 acts; transfer severed earlier conduct; April 2012 conduct not severe/pervasive |
| Employer liability (Faragher/Ellerth defense) | Allstate had prior unsubstantiated complaints; HR investigations were insufficient so defense fails | Allstate had anti‑harassment policy, HR, prompt investigation and terminated Johnson within two weeks | Faragher/Ellerth defense applies: employer exercised reasonable care and plaintiff unreasonably delayed using remedies; prompt corrective action defeated vicarious liability |
Key Cases Cited
- Harris v. H & W Contracting Co., 102 F.3d 516 (11th Cir. 1996) (standard of review for summary judgment)
- Welch v. Celotex Corp., 951 F.2d 1235 (11th Cir. 1992) (view evidence in light most favorable to nonmoving party on summary judgment)
- Morgan v. Ford, 6 F.3d 750 (11th Cir. 1993) (constructive discharge test — intolerable working conditions)
- Akins v. Fulton Cty., 420 F.3d 1293 (11th Cir. 2005) (substantial evidence required to create jury issue on constructive discharge)
- Virgo v. Riviera Beach Assocs. Ltd., 30 F.3d 1350 (11th Cir. 1994) (objective intolerability standard)
- Hargray v. City of Hallandale, 57 F.3d 1560 (11th Cir. 1995) (resignation with a choice is voluntary)
- Cleveland v. Home Shopping Network, Inc., 369 F.3d 1189 (11th Cir. 2004) (ADA prima facie elements and definition of qualified individual)
- Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (hostile work environment accrues so long as one act falls within filing period)
- Watson v. Blue Circle, Inc., 324 F.3d 1252 (11th Cir. 2003) (intervening employer action can sever hostile‑environment claim)
- Stewart v. Miss. Transp. Comm’n, 586 F.3d 321 (5th Cir. 2009) (reassignment can be intervening action)
- Mendoza v. Borden, Inc., 195 F.3d 1238 (11th Cir. 1999) (severity/pervasiveness standard for hostile work environment)
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (employer vicarious liability and affirmative defense)
- Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998) (same)
- Farley v. Am. Cast Iron Pipe Co., 115 F.3d 1548 (11th Cir. 1997) (what constitutes effective anti‑harassment policy)
- Madray v. Publix Supermarkets, Inc., 208 F.3d 1290 (11th Cir. 2000) (employee duty to use employer’s remedial procedures)
- Baldwin v. Blue Cross/Blue Shield of Ala., 480 F.3d 1287 (11th Cir. 2007) (failure to use procedures supports Faragher defense)
- Frederick v. Sprint/United Mgmt. Co., 246 F.3d 1305 (11th Cir. 2001) (employer must act reasonably promptly when investigating complaints)
- Surtain v. Hamlin Terrace Found., Inc., 789 F.3d 1239 (11th Cir. 2015) (FMLA retaliation causation discussion)
- Ledbetter v. Goodyear Tire & Rubber Co., Inc., 421 F.3d 1169 (11th Cir. 2005) (EEOC filing deadlines in non‑deferral states)