X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The full case caption appears at the end of this opinion.

ROVNER, Circuit Judge. Ann Hostetler alleges that a fellow supervisory employee at a South Bend, Indiana Burger King grabbed her face one day at work and stuck his tongue down her throat. On the following day, he tried to kiss her again and when she struggled to evade him, he began to unfasten her brassiere, threatening to “undo it all the way.” When Hostetler reported these incidents to her superiors, her district manager allegedly remarked that he dealt with his problems by getting rid of them. Days later, Hostetler was transferred to a distant Burger King location. She later filed this sex discrimination suit against her employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e-2(a)(1), contending that she had endured a hostile working environment as a result of the alleged harassment. See Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 66, 106 S. Ct. 2399, 2405 (1986). The district court granted summary judgment to the defendant, reasoning that the harassment Hostetler describes was not severe, see id. at 67, 106 S. Ct. at 2405; Saxton v. American Tel. & Tel. Co., 10 F.3d 526, 533 (7th Cir. 1993), and that, in any event, her employer absolved itself of liability by responding to her complaint with steps reasonably designed to preclude further harassment, see, e.g., Adusumilli v. City of Chicago, 164 F.3d 353, 361 (7th Cir. 1998), cert. denied, 120 S. Ct. 450 (1999). Hostetler v. Quality Dining, Inc., 1998 WL 456436 (N.D. Ind. April 23). Although a finder of fact might reach the same conclusions after a trial, we do not believe it appropriate to hold, as a matter of law, that the alleged harassment was not severe or that her employer’s response was non-negligent. We therefore reverse the grant of summary judgment.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


Register

African Legal Awards 2021

September 03, 2021
TBD

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Register

General Counsel Summit (GCS) 2021

September 07, 2021 - September 08, 2021
Sydney

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Register

JUNIOR ASSOCIATE: HEALTH CARE & LIFE SCIENCES (CORPORATE TRANSACTIONAL)

Newark, New Jersey, United States

JUNIOR ASSOCIATE: HEALTH CARE & LIFE SCIENCES (Corporate Transactional) Newark The Newark office of Epstein Becker & Gre...


Apply Now ›

(NEW) SENIOR COUNSEL WANTED FOR MULTINATIONAL ENERGY MANUFACTURING & LOGISTICS COMPANY (Houston, TX)

Houston, Texas, United States

Our client, a multinational energy manufacturing & logistics company, is seeking to hire a Senior Counsel for their North American opera...


Apply Now ›

Business Development Account Manager For Legal Services To Amlaw 100 Law Firms

Boston, Massachusetts, United States

This is a full time permanent professional consulting sales position for selling legal services to AmLaw100 firms. Minimum of 10 years selli...


Apply Now ›

FLB LAW

08/02/2021
Connecticut Law Tribune


View Announcement ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

07/27/2021
TLI Web

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN is pleased to welcome Frank Breitman, Esq. a talented and respected litigator to our ranks of trial lawyers.


View Announcement ›

HARWOOD LLOYD, LLC

07/26/2021
NJLJ Web

HARWOOD LLOYD, LLC Welcomes Beth L. Barnhard, Esq. Beth has joined the firm as Counsel in the Wills, Trusts and Estates Department. She is Certified to be an Elder Law Attorney (CELA) by the ABAaccredited National Elder Law Foundation.


View Announcement ›