Tilghman v. Kirby
5:13-cv-00073
W.D. Okla.Sep 16, 2015Background
- Tilghman, employed as Kirby’s receptionist in the Comanche County Commissioners’ office, remained in that role for about 3.5 years until June 2012.
- Tilghman alleges Kirby subjected her to a hostile work environment through sexual harassment while he was her supervisor and a county commissioner.
- Alleged incidents include inappropriate images, lewd comments, touching, sent sexual jokes, and other sexually tinged conduct.
- OSBI investigated after Tubbs’ complaints, leading to Kirby’s resignation in February 2012.
- Tilghman filed a tort claim and later resigned after perceived criticism of her performance; the court grants summary judgment to defendants on the harassment and related claims.
- The court evaluates cross-motions for summary judgment under standard favorable to non-movant and concluding there is no genuine dispute on essential facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tilghman states a hostile environment under OADA/Title VII. | Tilghman asserts pervasive, severe harassment. | Record shows sporadic, non-pervasive conduct; no hostile environment. | Tilghman fails; no actionable hostile environment. |
| Whether Tilghman’s § 1983 claim rises with her OADA claim. | Same conduct supports § 1983 violation. | Higher burden under § 1983; insufficient evidence. | Grants summary judgment on § 1983 claim. |
| Whether Tilghman states a claim for intentional infliction of emotional distress. | Kirby’s conduct was extreme and outrageous. | Conduct, while inappropriate, not extreme or outrageous. | Summary judgment for Defendants on IIED claim. |
Key Cases Cited
- Davis v. U.S. Postal Serv., 142 F.3d 1334 (10th Cir. 1998) (totality of circumstances governs hostile environment test)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (Supreme Court 1993) (no magic number of incidents for hostile environment; totality of circumstances)
- Faragher v. City of Boca Raton, 524 U.S. 775 (Supreme Court 1998) (employer liability and standard for hostile environment)
- Hicks v. Gates Rubber Co., 833 F.2d 1406 (10th Cir. 1987) (permissible scope of gender-based harassment evidence)