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Weston v. Commonwealth of Pennsylvania

Those portions of judgment dismissing plaintiff's allegations that comments, jokes, etc. of his co-workers and managers as well as inmates created a hostile work environment were reversed; dismissal of plaintiff's other allegations relating to employer's response to his complaints of sexual harassment by a co-worker and plaintiff's claim of retaliation affirmed.

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ARGUED: September 13, 2000

OPINION OF THE COURT

Appellant Michael Weston filed a sexual harassment civil action against his employer, the Pennsylvania Department of Corrections (“PDOC”), and Dolores Merithew, a co-worker. Weston alleged violations of Title VII, the Pennsylvania Human Relations Act (“PHRA”), and Pennsylvania common law. Weston’s Title VII claim was premised on a hostile work environment theory. Specifically, Weston asserted that he was subjected to a hostile work environment as a result of the PDOC’s failure to discipline Merithew after she had physically touched Weston on two occasions, and as a consequence of the comments, jokes and jibes made by employees and inmates who had learned of the incidents. In addition, Weston alleged that, after he complained to the PDOC about this harassment, the PDOC retaliated against him by reprimanding him and transferring him to a less desirable position.

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