pasobget.blogg.se - Pervasive conduct

#PERVASIVE CONDUCT TRIAL#

Kenneh’s appeal to the Minnesota Supreme Court was premised upon her plea that it was time for Minnesota to diverge from reliance on federal law and to impose a less restrictive standard of proof for a hostile work environment. Still, Title VII and the MHRA are different statutes and the Minnesota courts have not hesitated to forge their own interpretive path when they felt that doing so was justified.

Minnesota Courts have always followed Title VII (the federal anti-discrimination law) in evaluating hostile work environment claims, requiring proof of sexually oriented behavior that is so severe or pervasive as to alter the victim’s working conditions. The Minnesota Court of Appeals affirmed the dismissal, prompting Kenneh to take the case to Minnesota Supreme Court. While finding some of the behavior “boorish and obnoxious”, and other actions “objectively and subjectively unacceptable”, the judge concluded that Johnson’s overall pattern of conduct just “does not constitute pervasive, hostile conduct that changes the terms of employment and exposes an employer to liability under the Minnesota Human Rights Act.”

#PERVASIVE CONDUCT TRIAL#

The trial court dismissed the claim, noting that the behavior attributed to Johnson did not rise to the “high bar” of severe or pervasive conduct necessary to establish a hostile work environment. Kenneh then sued for sexual harassment under the Minnesota Human Rights Act (MHRA), among other claims. Homeward Bound declined the request and ended up terminating Kenneh after she arrived late to work and was unprepared for a meeting.

She then asked to go back to her previous, flexible schedule that would minimize her contact with Johnson. Johnson complained again but received little help. Employee’s Internal Complaint Goes Nowhere She alleged that he would stop by her office and block her door with his body while calling her pretty and sexy, and making suggestive gestures with his tongue. Kenneh complained but the Human Resources Department’s investigation was deemed “inconclusive.” Kenneh was informed, however, that Johnson would receive additional sexual harassment training and would be instructed not to be alone with her.Īccording to Kenneh, Johnson was undeterred and actually increased his interactions with her.

After suggesting that Kenneh take some cake left over from a party the previous day, he stated “I will eat you-I eat women.”.

Telling Kenneh, as he stopped to help her with a stuck drawer, that he “likes it pretty all day and all night” and that he liked “beautiful women and beautiful legs.”.

Complimenting her haircut and suggesting that he could come to her home and cut her hair.

Kenneh alleged that Johnson almost immediately began engaging in various sexually oriented behaviors toward her, including: When she transitioned to her new role as Program Resource Coordinator, she met and began interacting with Maintenance Coordinator Anthony Johnson. How It All StartedĪssata Kenneh worked for Homeward Bound, Inc., an operator of residential care facilities for disabled people. Recently, the Minnesota Supreme Court was asked to revelauate this standard to determine if it needed to be modified or relaxed.

Business Corporations and Organizationsįor more than 30 years, Minnesota courts have followed federal law in ruling that hostile work environment sexual harassment is actionable only if the behavior is sufficiently severe or pervasive to alter the claimant’s work environment.