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Quick Hits

  • The U.S. Court of Appeals for the Third Circuit has ruled that workplace rumors rooted in gender stereotypes can constitute unlawful harassment under Title VII of the Civil Rights Act of 1964.
  • In Cuff v. Pennsylvania Department of Corrections, a former correctional officer faced persistent, humiliating rumors about trading sexual favors for preferential treatment, which were perpetuated by both colleagues and supervisors.
  • The Third Circuit emphasized that employers have a duty to address and correct gender-based harassment, as a failure to do so can create a hostile work environment and result in legal liability.

Background

In Cuff v. Pennsylvania Department of Corrections, a former correctional officer alleged that, during her eight-month tenure, she was subjected to persistent rumors that she was trading sexual favors for preferential treatment. These rumors, which began during her first week, were not isolated to idle chatter among coworkers. Instead, they were perpetuated and amplified by supervisors and colleagues alike, reaching not only other staff but even the inmates under her supervision.

The rumors manifested in various ways: a male sergeant questioned her about her personal life and finances, implying she was involved with a supervisor; another officer made comments about her attire, suggesting promiscuity; and a sergeant publicly referred to her by a derogatory term used at the facility to describe women who allegedly traded sex for workplace advantages. These incidents were compounded by other gender-based humiliations, such as an unnecessary search of her feminine hygiene products and subsequent verbal abuse when she reported the incident.

Despite the employee’s repeated complaints to supervisors, her concerns were dismissed or minimized, and it was implied that formal complaints could jeopardize her job. Ultimately, after suffering stress-related health issues, the employee sought help from the Pennsylvania Department of Corrections’ equal employment opportunity office, which found evidence of discrimination. However, when she attempted to transfer to another facility, she was allegedly misled into resigning, thereby ending her employment.

The Third Circuit’s Decision

The Third Circuit’s opinion makes clear that rumors in the workplace, particularly those that are gendered and humiliating, can create a hostile work environment in violation of Title VII. The court emphasized several key points:

  • Rumors as gender-based harassment: The court recognized that rumors accusing a woman of trading sexual favors for workplace benefits are inherently gendered and humiliating. Such rumors are not mere “idle gossip.”
  • Pervasiveness and severity: The court looked at the totality of the circumstances, noting that the employee faced repeated incidents over several months, with the rumors spreading widely among staff and inmates. The frequency and reach of the rumors, combined with management’s failure to intervene, created an environment that a reasonable person could find hostile.
  • Employer responsibility: The decision also highlighted the employer’s duty to address and correct such harassment. In this case, supervisors not only failed to stop the rumors but, in some instances, participated in or condoned the behavior. The court found that a reasonable jury could conclude the employer was liable for the hostile environment.

Implications for Employers

This case serves as a cautionary tale for employers: unbridled workplace rumors, especially those rooted in stereotypes or targeting protected characteristics, are not harmless. When such rumors are allowed to fester, they can create a toxic environment that violates federal and state antidiscrimination laws.

Ogletree Deakins will continue to monitor developments and will provide updates on the Employment Law and State Developments blogs as additional information becomes available.

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