Kennedy v. Credit Central Inc
2:10-cv-01661
D.S.C.Dec 27, 2011Background
- Plaintiff Christina Kennedy, former manager at Credit Central, Inc., Summerville, SC, sues for sexual harassment and retaliation under Title VII.
- Kennedy alleges supervisor Jim Maas sexually harassed her, including sexually charged communications and physical contact, beginning shortly after June 2008 employment.
- Plaintiff also alleges Reynolds (now Gould) was sexually harassed by Maas; Kennedy reported the harassment to state director Louise Stokes on July 16, 2009.
- Following the report, Reynolds was transferred and Kennedy was terminated about 19 days later for alleged deficient performance; Maas’s supervision was briefly removed and later reinstated after transfers and termination.
- Defendant moved for summary judgment; Magistrate Judge recommended denial; the district court adopted the recommendation and denied summary judgment, finding triable issues render dismissal inappropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a tangible employment action | Kennedy argues a tangible action was taken (loss of bonus). | Defendant contends no tangible action occurred against Kennedy. | Genuine issue of material fact; summary judgment inappropriate. |
| Whether Kennedy unreasonably failed to use the harassment policy | A reasonable jury could find failure to use policy not unreasonable given the facts about Maas’s warnings to others. | Policy use was available and failure to use it was unreasonable. | Genuine issue of material fact; summary judgment inappropriate. |
| Whether the retaliation claim is pretextual | Termination soon after report, plus adverse actions against Reynolds and Maas’s reinstatement, suggest pretextual termination. | Termination was based on Kennedy's performance; records support a non-discriminatory reason. | Genuine dispute of material fact; summary judgment inappropriate. |
Key Cases Cited
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (establishes Faragher/Ellerth defense framework for supervisor harassment)
- Mathews v. Weber, 423 U.S. 261 (1976) (de novo review standard for magistrate determinations)
- Diebold v. United States, 369 U.S. 654 (1962) (standard of review and tense evidentiary implications in summary judgment contexts)
- Matvia v. Bald Head Island Management, Inc., 259 F.3d 261 (4th Cir. 2001) (reasonable use of anti-harassment policies; fear of retaliation not enough)