1:19-cv-07565
N.D. Ill.Jul 2, 2020Background
- Plaintiff Lisa La Giglio worked as an account representative/manager at AssuredPartners from May 2016 to Sept. 2018 under supervisor Michael Melnick.
- After a May 23, 2018 relocation to an isolated area, Melnick engaged in repeated unwelcome physical contact (rubbing/trailing fingers on her arm, shoulder massages), alleged up to nine times per day.
- La Giglio complained internally on June 22–25, 2018 to President Anthony Pulgine and HR (Karen Kozik, Greg Crawford); Melnick admitted and apologized.
- Management characterized the complaint as a "communication issue," required weekly meetings with Melnick, left her workstation near Melnick, and reassigned her accounts in Sept. 2018.
- La Giglio resigned in Oct. 2018 (effective Oct. 12), attempted to rescind; Pulgine refused, gave 30 days, and she was terminated Nov. 12, 2018. She also alleges a prospective employer withdrew an offer after a reference call to AssuredPartners on Sept. 28, 2018.
- Procedural posture: employer moved to dismiss La Giglio’s Title VII hostile work environment and retaliation claims; court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hostile work environment — harassment based on sex | Melnick’s repeated, unwanted touching was sexual harassment and was motivated by her sex | Complaint lacks facts linking conduct to her gender | Court: reasonable to infer conduct was sex-based given sexual nature of touching; pleadings sufficient at this stage |
| Hostile work environment — severity/pervasiveness | Repeated unwanted physical contact (frequent touching, close proximity) created abusive environment | Conduct not severe or pervasive enough to alter employment conditions | Court: allegations (frequency and physical contact) plausibly severe/pervasive to survive dismissal |
| Employer liability for coworker harassment | Employer failed to take adequate remedial steps (left her near harasser; required meetings with him; reassigned her accounts; ultimately fired her) | Employer took corrective action after notice | Court: pleadings permit inference employer’s response was inadequate and forced plaintiff to bear the cost of the remedy; sufficient basis for liability at pleading stage |
| Retaliation — protected activity & adverse action | Internal complaint was protected activity; adverse actions include heightened scrutiny, loss of accounts, interference with job prospects, termination | Complaint did not clearly allege protected activity or adverse action (e.g., resignation/rescission issue; thin allegation about reference call) | Court: internal complaint pleaded with facts; termination and alleged lost job offer are adverse actions and plausibly causally connected to complaint; retaliation claim survives dismissal |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard for motions to dismiss)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (limits on accepting legal conclusions as true; context-specific plausibility inquiry)
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (hostile work environment standard)
- Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (1998) (sex-based harassment may be inferred in male–female contexts)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (1993) (totality of circumstances for hostile work environment: frequency, severity, threatening/humiliating nature, interference with work)
- Parkins v. Civil Constructors of Ill., Inc., 163 F.3d 1027 (7th Cir. 1998) (application of hostile work environment framework)
- Boumehdi v. Plastag Holdings, LLC, 489 F.3d 781 (7th Cir. 2007) (elements of a hostile work environment claim)
- Smith v. Sheahan, 189 F.3d 529 (7th Cir. 1999) (employer liability for inadequate remedial measures)
- Shafer v. Kal Kan Foods, Inc., 417 F.3d 663 (7th Cir. 2005) (employer forcing victim to bear cost of remedy can constitute discrimination)
- Swanson v. Citibank, N.A., 614 F.3d 400 (7th Cir. 2010) (pleading requires a coherent story that could have happened)