Employer Established Faragher/Ellerth Affirmative Defense To Employee's Title VII Hostile Environment Sexual Harassment Claim
Thornton sued the employer, asserting sexual harassment (quid pro quo and hostile environment) and retaliation claims under Title VII, and a disability discrimination claim under the Americans with Disabilities Act (ADA). The trial court granted summary judgment in favor of the employer. The 6th Circuit affirmed, concluding that: 1) Thornton failed to produce sufficient evidence of an adverse employment action, in support of her quid pro quo claim; 2) Thornton failed to establish a causal link between any protected activity and adverse employment action, in support of her retaliation claim; 3) Thornton failed to produce sufficient evidence that she was disabled under the ADA; and 4) the employer established the Faragher/Ellerth affirmative defense, with respect to Thornton's hostile environment claim.
Thornton v. Federal Express
The 6th Circuit Court of Appeals’ jurisdiction includes Michigan, Ohio, Kentucky and Tennessee.
This abstract was provided by LawMemo.Com, publisher of the popular Employment Law Memo email service. Editor Ross Runkel can be reached at Ross@LawMemo.Com or 1-877-399-8028.