Appellate court affirms harassment and retaliation ruling against trucking company

Appellate Court’s Decision

In upholding the lower court’s decision, the Appellate Court focused on the evidence introduced at trial.  Representatives from the company admitted at trial that the female employee would have remained on the work schedule had she not reported the assault, which was sufficient causation for a finding of retaliation. That evidence established a causal connection between the female employee’s sexual harassment complaint and the loss of her job.

Regarding the punitive damages, the Appellate Court again sided with the lower court in determining that punitive damages were warranted. In order to establish punitive damages, the female driver had to prove that the company acted with malice or with reckless disregard to the employee’s federally protected right not to be subjected to retaliation. The Appellate Court analyzed the company’s responses after each of the female driver’s two allegations of harassment.  Regarding the first allegation of assault, the Appellate Court noted that the company continued sending the female driver and the driver trainer together out on runs, which was not protecting the female driver. After the second allegation of assault, the Appellate Court observed that the company never even explored the option of putting the female driver with any other driver trainer.  Ultimately, the Appellate Court determined that the undisputed evidence indicated that the company did very little to help the female driver after her allegations of assault.

Takeaway

The trucking company’s actions following the employee’s complaints in this case are a good example of how not to handle allegations of harassment by employees. Allegations by employees, male or female, are often complex and involve multiple issues, including differing descriptions of the same story.  These allegations should be taken seriously, investigated properly, and handled quickly and appropriately.  Employers should have policies in place for such actions, including how to handle these situations.  These policies should be consistently applied.  Furthermore, employers should understand that such harassment or discrimination claims can also quickly turn into additional retaliation claims which can lead to significant liability, including punitive damages.

R. Eddie Wayland is a partner with the law firm of King & Ballow.  You may reach Mr. Wayland at (615) 726-5430 or at rew@kingballow.com.  The foregoing materials, discussion and comments have been abridged from laws, court decisions, and administrative rulings and should not be construed as legal advice on specific situations or subjects.