In Fraze v. American Behavioral Health Systems, Inc., 2023 WL 4532429 (W.D.Wash. July 13, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964.
As to whether the alleged conduct was sufficiently “severe or pervasive,” the court explained:
Viewing the evidence in Plaintiff’s favor, there would be no genuine dispute whether Defendant’s conduct was sufficiently severe or pervasive enough to create a hostile work environment. See Ellorin v. Applied Finishing, Inc., 996 F.Supp.2d 1070, 1079 (W.D. Wash., Feb. 7, 2014) (noting that the Ninth Circuit and Washington courts have set a high standard for granting summary judgment in employment discrimination cases).
Plaintiff was assaulted by Hall on at least two occasions, conduct which led to criminal assault charges. Hall’s conduct was both physically threatening and humiliating, and caused physical and mental health symptoms that made it difficult, and ultimately impossible, for Plaintiff to perform her duties. When severity is questionable, “it is more appropriate to leave the assessment to the fact-finder than for the court to decide the case on summary judgment.” Davis., 520 F.3d at 1096. Defendant’s motion does not clear the high bar set for granting summary judgment in an employment discrimination case.
As for imputing liability to the defendant, the court held that “a reasonable jury could find ABHS’s remedial measures were not reasonably calculated to end the harassment,” noting that “ABHS was aware of several other women complaining about Hall’s conduct, yet management refused to explain the decision to continue employing Hall” and that there was “no indication Hall was offered or directed to work at a different location.”