Employer Acted With Reasonable Care To Protect Employee
Leah Lapka, an adjudication officer of the Bureau of Customs and Immigration Services, a division of the Department of Homeland Security (DHS), brought this Title VII hostile work environment and unlawful retaliation suit, alleging that she was raped by a fellow DHS employee while she was attending mandatory training sessions at a Federal Law Enforcement Training Center (FLETC). She claimed that the DHS failed to adequately investigate the assault and failed to take reasonable steps to protect her from further harm. Instead of helping her, Lapka claimed that the DHS improperly denied her access to investigative reports and began retaliating against her for filing a complaint with the Equal Employment Opportunity Commission (EEOC).
The district court granted summary judgment for the defendants on all claims. On appeal, the 7th Circuit affirmed, explaining: “We regret any harm that may have come to Ms. Lapka on June 15, 2002. We certainly would not want to be taken for downplaying the serious nature of sexual assaults. But Lapka has not given us a sufficient reason to hold the DHS liable for her injuries. Lapka and her alleged assailant were effectively separated when they returned to Chicago. The DHS did not act negligently nor, we believe, did it take actions designed to dissuade her from pursuing her complaints. Its response may not have been perfect in all respects, but it was adequate. The decision of the district court is affirmed.”
Lapka v. Chertoff
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.