Seventh Circuit revives male employee's claim of sexual harassment based on female supervisor's alleged

Lexology.com
Wildman Harrold Allen & Dixon LLP
Theresa M. Van Vuren and David L. Weinstein USA March 5 2010

In Turner v The Saloon, 2010 WL 424580 (7th Cir, Feb 8, 2010), the Seventh Circuit reversed summary judgment for an employer in a sexual harassment/hostile work environment claim brought by a male employee based on the alleged sexual advances of his female supervisor. The decision is important not only due to its analysis of this "unusual" claim, but also because it provides helpful guidance on the types of conduct readily giving rise to hostile work environment claims and related issues that employers should recognize to avoid exposure.
The Turner Decision
Paul Turner sued his former employer, a Chicago restaurant called The Saloon, for hostile work environment sexual harassment based on the alleged actions of Turner's female supervisor. Turner and his supervisor previously had a nine-month sexual relationship. After Turner ended it, the supervisor allegedly retaliated against Turner by altering his table-waiting assignments, writing him up for unwarranted discipline, reprimanding him in front of other employees, and engaging in unwanted sexual conduct. The alleged unwanted sexual conduct consisted of the supervisor: (1) putting her hands inside Turner's pant pockets, grabbing his penis and telling him, "You sure are soaked" after a customer had spilled champagne on him; (2) pressing her chest against Turner and asking him, "Don't you miss me?"; (3) asking Turner to kiss her; (4) approaching Turner from behind and grabbing his buttocks; and (5) watching Turner change into his work uniform and telling him that she missed seeing him naked. Turner also presented evidence that he told his supervisor to stop her advances and complained to management about her behavior. Turner's complaints prompted management to meet with the supervisor and explain that the restaurant did not tolerate sexual harassment of any employees. Turner contended this response was insufficient.

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