Carol L. Isaacs v. Hill's Pet Nutrition, Inc., and Colgate-Palmolive Company

485 F.3d 383, 2007 U.S. App. LEXIS 10517, 89 Empl. Prac. Dec. (CCH) 42,806, 100 Fair Empl. Prac. Cas. (BNA) 705, 2007 WL 1297100
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 4, 2007
Docket06-2201
StatusPublished
Cited by27 cases

This text of 485 F.3d 383 (Carol L. Isaacs v. Hill's Pet Nutrition, Inc., and Colgate-Palmolive Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carol L. Isaacs v. Hill's Pet Nutrition, Inc., and Colgate-Palmolive Company, 485 F.3d 383, 2007 U.S. App. LEXIS 10517, 89 Empl. Prac. Dec. (CCH) 42,806, 100 Fair Empl. Prac. Cas. (BNA) 705, 2007 WL 1297100 (7th Cir. 2007).

Opinion

EASTERBROOK, Chief Judge.

Carol Isaacs worked for Hill’s Pet Nutrition, packaging pet food and preparing the bags for shipment, for more than five *385 years. In 2002 and 2008 she filed charges of sex discrimination with the EEOC, contending that her employer violated Title VII of the Civil Rights Act of 1964. The district court granted summary judgment against Isaacs, who had sued not only Hill’s but also Colgate-Palmolive, its corporate parent. As the district court remarked, Colgate was not Isaacs’ employer, and she offers no reason why an investor should be liable for Hill’s acts. Cf. United States v. Bestfoods, 524 U.S. 51, 118 S.Ct. 1876, 141 L.Ed.2d 43 (1998). We need not mention Colgate again.

Many of Isaacs’ claims in this litigation are outside the scope of the administrative filings. She complains, for example, about her discharge in 2005, but she never filed a charge concerning that event, and the charges in 2002 and 2003 could not have alerted the employer to a grievance about events yet to occur. A short interval between the charge and the complained-of events might not have impeded investigation and conciliation: if Isaacs had been fired a week after her charge, the EEOC would have learned this in the course of its investigation, but the gap was much longer and precluded any administrative inquiry. The same is true of her assertion that the firm retaliated against her for filing these charges and attempting to protect her rights. If she wanted to litigate such a theory, she had to use the administrative process first. Her other arguments likewise are well covered by the district court’s opinion and need not be addressed here&emdash;all but one, that is.

A claim of a hostile work environment was presented in the 2003 charge. The Supreme Court treats a hostile work environment as one unlawful employment practice. See National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 115-21, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002). The employee may complain about any of the constituent acts, no matter how long ago they occurred, as long as the charge is filed within 300 days of any harassing act.

Hill’s does not invoke the doctrine of laches, which curtails prejudicial delay. See Pruitt v. Chicago, 472 F.3d 925 (7th Cir.2006). Instead it argues, and the district court found, that despite Morgan the hostile work environment that Isaacs claims to have experienced was not a single employment practice. Instead, the district court found, it was two practices: one that Isaacs experienced when she worked on the Packaging Team (February 2000 through October 15, 2001) and another when Isaacs worked on the Stretchwrap Team (October 15, 2001, through October 3, 2003). The Packaging Team bags the products; the Stretchwrap Team puts the bags on wooden pallets, applies plastic wrap, and loads them onto trucks for shipment. The teams have different leaders and work in different parts of the plant&emdash; though not far apart, since the Packaging Team delivers the bags to the Stretchwrap Team.

This change of job assignment means, Hill’s contends, that the conditions that Isaacs experienced while with the Packaging Team may not be considered, as they occurred more than 300 days before her charge. And the conditions she experienced with the Stretchwrap Team were not severe enough to constitute a hostile working environment, the district judge concluded. The judge summarized what he understood to be Isaacs’ claims about conditions on the Stretchwrap Team:

1) [Isaacs] glimpsed objectionable materials on computer screens two times; 2) she frequently heard comments over the radio in Stretchwrap about “dragging my wood,” or “my wood’s awful long” that she took to be sexual references [a double entendre, with the non-sexual *386 meaning referring to the wooden pallets]; 3) Pebworth [the team leader in Stretchwrap] twice told her that her rear end was so big that two men could climb on it; 4) Pebworth made crying sounds over the radio in an effort to mock her, used the word “bitch” in her presence a few times, and the term “fucking bitch” twice in reference to someone other than Isaacs.

We may assume (without deciding) that, if this is all there was to it, the conditions were unpleasant but not serious or pervasive enough to violate Title VII. See Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75, 81-82, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998); Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 67, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986); Yuknis v. First Student, Inc., 481 F.3d 552 (7th Cir.2007). But this is not all there was to it, for events during her entire employment with Hill’s should have been considered.

When deciding that Isaacs experienced two distinct episodes of hostile work environment, the district court concentrated on the identities of her harassers. One group of men made life hard for her in Packaging; a different group vexed her in Stret-chwrap. But why should this matter? Isaacs has not sued her co-workers; the entity responsible for complying with Title VII is the employer, of which Isaacs had just one. And employers are not vicariously responsible for misconduct in the workplace; employers are responsible for their own conduct (or omissions)&emdash;which is to say, for how they respond (or fail to respond) after receiving notice that an employee may be suffering from disparate treatment at co-workers’ hands. See Faragher v. Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998); Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998); Dunn v. Washington County Hospital, 429 F.3d 689 (7th Cir.2005). (Isaacs does not contend that she suffered any adverse “tangible employment action,” within the meaning of Faragher and El-lerth, or that Hill’s is responsible for the conduct of a “supervisor.”)

As Isaacs related events, she complained repeatedly to supervisors and management-level personnel at Hill’s Pet Nutrition about how the men were treating her, and she received the same response every time: one or another variation on “grin and bear it.” The employer’s approach thus remained constant. Doing nothing after receiving multiple complaints about serious conditions is a straight road to liability under Title VII. See EEOC v. Indiana Bell Telephone Co., 256 F.3d 516 (7th Cir.2001) (en banc).

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485 F.3d 383, 2007 U.S. App. LEXIS 10517, 89 Empl. Prac. Dec. (CCH) 42,806, 100 Fair Empl. Prac. Cas. (BNA) 705, 2007 WL 1297100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carol-l-isaacs-v-hills-pet-nutrition-inc-and-colgate-palmolive-ca7-2007.