Issues Of Fact Precluded Summary Judgment Based On Ellerth/Faragher Affirmative Defense
In this case, an African-American formerly employed as a deckhand by a marine towing company, brought suit against his former employer, alleging he was subjected to racial discrimination and hostile work environment in violation of Title VII.
Denying the defendants motion for summary judgment on the basis of the Ellerth/Faragher affirmative defense, the United States District Court held that: (1) Because the deckhand suffered no "tangible employment action," the towing company could raise the defense; however (2) genuine issues of material fact existed as to the first prong of the defense, whether the towing company took "prompt remedial action." It was unclear when the deckhand initially complained, how many times, and to whom, and whether the claims were investigated. There was also a question as to whether the deckhand properly followed the procedure laid out in the towing company's discrimination policy.
Jones v. Delta Towing LLC