Abigail Wilson v. Gaston County, NC

685 F. App'x 193
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 13, 2017
Docket15-2522
StatusUnpublished
Cited by6 cases

This text of 685 F. App'x 193 (Abigail Wilson v. Gaston County, NC) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abigail Wilson v. Gaston County, NC, 685 F. App'x 193 (4th Cir. 2017).

Opinions

Unpublished opinions are not binding precedent in this circuit.

WILKINSON, Circuit Judge:

Abigail Wilson raises numerous federal and state claims against her employer, Gaston County, in connection with the sexual harassment and hostile work environment she alleges she endured at the hands of her co-worker, Jim Putman.1 The district court granted summary judgment in favor of Gaston County on each cause of action. The various claims hinge chiefly on whether Gaston County had adequate notice of [195]*195the sexual harassment. Under the facts of this case we conclude that it did not.

I.

Wilson recounts the following series of events. She was hired as a paramedic with Gaston County Emergency Medical Services (“GEMS”) in April 2009. In September 2010, she notified her supervisor, Captain Thomas Cleary, that she was showing signs of breast cancer and would need time off for medical treatment. Capt. Cleary recommended that Wilson apply for leave under the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq. Around the same time, Wilson received her third speeding ticket within the preceding three years while driving her private vehicle during non-work hours. The terms of Gaston County’s insurance policy prohibited Wilson from driving emergency vehicles until she no longer had three speeding tickets within the three-year timeframe. Her prohibition would last at least eighteen months. Wilson was fired, subject to rehiring “[ajfter driving record clears.” J.A. 30.

Wilson appealed her termination, claiming that other employees had incurred similar driving suspensions yet were not fired. She also appealed to the Department of Labor, which concluded she was terminated in violation of the FMLA. Wilson was reinstated a week later with full backpay and agrees that she was made whole. Upon returning to work, however, Wilson claims she was held to a higher standard than other employees, targeted for corrective or disciplinary action, and subjected to the hostile work environment described below.

In December 2010, GEMS hired Putman as another paramedic. Wilson contends that Putman began harassing her eleven months later, telling her she had a “nice ass,” sending her pictures of his genitals, asking for naked pictures in return, expressing his desire to kiss and have illicit forms of sex with her, and making other unwanted physical contact. This behavior persisted despite Wilson’s repeated protests.

The most serious of these events occurred in December 2011. Wilson was sitting in the passenger seat of an emergency vehicle parked at a county station when Putman reached through the open vehicle door and began to tickle and grope her. When she resisted, Putman pulled her from her seat and pinned her against the side of the vehicle, proceeding to grope her breasts, pelvic area, and genitals until a coworker approached. Then, in January 2012, Putman walked up behind her and slapped her buttocks so hard that her sunglasses and clipboard went flying. Wilson explains that both encounters left bruising either behind her right knee or on her buttocks, respectively.

In March 2012, another co-worker confronted Putman about his inappropriate behavior toward Wilson. This altercation escalated quickly and attracted the attention of Captain James McConnell, who directed Wilson to file a formal complaint of sexual harassment with Human Resources. The ensuing investigation concluded that Putman had sexually harassed Wilson, and recommended that he be issued a written warning, transferred to a different shift, sent to counseling, and advised that additional violations would result in increased disciplinary action or termination. Gaston County adopted these recommendations and further suspended Putman for two shifts without pay.

In the following months, Wilson occasionally encountered Putman when their shifts would exchange keys to the emergency vehicles. Wilson claims that Putman took these opportunities to throw the keys at her, call her a “bitch,” and slam his [196]*196body into her as they passed to knock her off balance. When Chief Mark Lamphiear learned of their proximity, he notified Human Resources and he once again changed Putman’s shift assignment to avoid future encounters.

On January 9, 2013, Wilson filed suit against Gaston County based on the foregoing events. Wilson claimed, as relevant here, that Gaston County subjected her to a hostile work environment resulting from pervasive and severe sexual harassment in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq. She also claimed that Gaston County unlawfully retaliated against her in violation of both the FMLA and Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., by holding her to a higher standard than other employees and ignoring her repeated complaints about Putman after she was reinstated following her temporary discharge. In addition, Wilson argued that Gaston County was liable for Putman’s conduct under numerous state law tort theories, including negligent retention and supervision, battery, and intentional infliction of emotional distress. Gaston County strongly disputed Wilson’s version of events, especially that she repeatedly notified Gaston County of the ongoing sexual harassment.

The district court granted summary judgment to Gaston County on each cause of action. Wilson appeals.

II.

The “primary objective” of sexual harassment liability is “a prophylactic one.” See Kolstad v. Am. Dental Ass’n, 527 U.S. 526, 545, 119 S.Ct. 2118, 144 L.Ed.2d 494 (1999) (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 417, 95 S.Ct. 2362, 45 L.Ed.2d 280 (1975)). The emphasis is “not to provide redress but to avoid harm.” See id. (quoting Faragher v. City of Boca Raton, 524 U.S. 775, 806, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998). Notice is therefore a predicate of employer liability because it provides an opportunity for the employer to correct and prevent sexual harassment, and to do so sooner rather than later. Title VII, for example, was “designed to encourage the creation of antiharassment policies and effective grievance mechanisms.” Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 764, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998).

As a result, we have repeatedly held that “an employee claiming harassment by a coworker bears significant responsibility in notifying the employer.” Howard v. Winter, 446 F.3d 559, 570 (4th Cir. 2006). Indeed, “ ‘an employer cannot be expected to correct harassment unless the employee makes a concerted effort to inform the employer that a problem exists’ under its reasonable procedures.” EEOC v. Xerxes Corp., 639 F.3d 658, 674 (4th Cir. 2011) (quoting Howard, 446 F.3d at 567) (emphasis in original).

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Bluebook (online)
685 F. App'x 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abigail-wilson-v-gaston-county-nc-ca4-2017.