Reeves v. CH Robinson Worldwide, Inc.

594 F.3d 798, 2010 WL 174074
Procedural entryThis page is a short order in Reeves v. CH Robinson Worldwide, Inc.. Read the opinion of the Court — 594 F.3d 798
Court of Appeals for the Eleventh Circuit·Decided April 28, 2008·No. 07-10270·Published

Opinion

525 F.3d 1139 (2008)

Ingrid REEVES, Plaintiff-Appellant,
v.
C.H. ROBINSON WORLDWIDE, INC., Defendant-Appellee.

No. 07-10270.

United States Court of Appeals, Eleventh Circuit.

April 28, 2008.

*1140 Douglas L. Micko, Sprenger & Lang, PLLC, Minneapolis, MN, Kell A. Simon, Ross Melton, PC, Austin, TX, Michael D. *1141 Lieder, Sprenger & Lang, PLLC, Washington, DC, for Reeves.

Margaret Campbell, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Atlanta, GA, David Lynn Warren, Jr., Sandra B. Reiss, Christopher A. Mixon, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Birmingham, AL, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, WILSON, Circuit Judge, and ALTONAGA,[*] District Judge.

WILSON, Circuit Judge:

Ingrid Reeves appeals the entry of summary judgment in favor of C.H. Robinson Worldwide, Inc. ("CHRW") on her hostile work environment sexual harassment claim. We must determine whether daily exposure to language and radio programming that are particularly offensive to women but not targeted at the plaintiff are sufficient to satisfy the "based on" and "severe or pervasive" elements of a hostile work environment claim. Because Reeves satisfied the "based on" element and a jury could reasonably conclude that the conduct at issue was sufficiently pervasive to support a hostile work environment claim, we reverse the entry of summary judgment in CHRW's favor.

I. BACKGROUND

In July 2001, Reeves began working as a Transportation Sales Representative ("TSR") in CHRW's Birmingham, Alabama branch office. She was the only female TSR in the office, and she worked in a workstation pod cubicle near other TSRs. Only one other woman worked at the Birmingham branch office, but her desk was not in Reeves's pod.

Reeves alleges that sexually offensive language permeated the work environment in her pod at CHRW every day. She testified in her deposition that from the summer of 2001 to the spring of 2004, she "could point at every day of the year that some of this behavior went on. It went on every day." [Doc. 12-3: 7]. She asserts, moreover, that sexually explicit radio programming playing on a daily basis and her one-time exposure to a pornographic image of a woman on a co-worker's computer also support her claim. Reeves testified that the offensive language and radio programming continued even after she complained to co-workers and her supervisor on several occasions.

One of Reeves's co-workers frequently used sexually crude language that offended her. This employee "was consistent, [a]cross the board, day in and day out, in the sexually offensive language, phrases, jokes, songs, comments, remarks." [Doc. 12-2: 41]. He often used the phrase "fucking bitch" or "fucking whore" after hanging up the phone, [id. at 42, 50]; he once called the only other female employee in the office a "bitch" after she had left the room, and he once remarked that she had "a big ass." [Id. at 44]. Sexual jokes by this co-worker were also commonplace, including one for which the punch-line was "fuck your sister and your mother is a whore." [Id. at 49-50]. Finally, he once said, "she's a cunt," referring to a female. [Doc. 12-3: 10]. Reeves communicated to this co-worker on multiple occasions that the language made it difficult for her to *1142 work, but the employee did not change his behavior.

Another co-worker also offended Reeves when he used sexually crude language. Reeves overheard this employee talk about (1) "getting off" in reference to masturbation, [id. at 1], (2) a song that referenced "women's teeth on a man's dick," [id.], and (3) an experience in a hotel with naked women, [id. at 1-2]. On the day before this co-worker's last day at the office, moreover, Reeves was told that she should bring earplugs to work the next day because the co-worker had said that he could behave however he wanted on his last day. [Id. at 1]. Reeves testified that the co-worker's last day "was just like any other day: full of sexually offensive remarks, comments, stories, conversation, language—just like any other day . . . ." [Id.].

The branch manager, who was Reeves's direct supervisor, also made comments that offended Reeves. He once referred to a former female co-worker as a "lazy, good-for-nothing bitch," [Doc. 12-2: 52], and another time asked Reeves to "talk to that stupid bitch on line four," referring to a female customer. [Doc. 12-3: 5]. He once said, referring to the only female employee other than Reeves, "[s]he may be a bitch, but she can read," [Doc. 12-2: 167], and on another occasion said "[s]he's got a big one," [id.], referring to her buttocks. Reeves often complained to the branch manager about both his use of offensive language and the use of such language in the office generally.

Reeves was also offended by a radio program that was played every morning on the stereo in the office. Discussions of the following material on the show offended her: (1) breast size of female celebrities and Playboy Playmates; (2) sexual arousal and women's nipples as indications thereof; (3) masturbation, both in general and with animals; (4) erotic dreams; (5) ejaculation; and (6) female pornography. [Id. at 14-18]. Advertisements for or including the following material that were aired during the program also offended her: (1) sexual favors; (2) a bikini contest that instructed women to wear their most perverse bikinis; (3) a statement that a woman was found in bed with three elves and a candy cane; and (4) a drug called Proton that promised to increase sexual performance, please a partner, and make the user a "sexual tyrannosaurus rex." [Id. at 19-21]. When Reeves complained about the radio programming, she was often told that she could play her own music or change the station. She testified, however, that if she did so the other employees would soon change the radio back to the offensive program.

The branch manager testified in his deposition that he had used, and heard others use, the term "bitch" in the office. He could not recall hearing anyone in the office use "whore" in a sexual context. He denied hearing any employee use the word "cunt" but estimated that the word "dick" was used about once a week. He also testified that he had one or two talks with one of Reeves's co-workers about language, and mentioned language to others during performance evaluations after Reeves complained.

Reeves resigned from CHRW on March 24, 2004. In February 2006, she filed a complaint against CHRW alleging in part that the use of sexually offensive language created a hostile work environment in violation of Title VII. The district court entered summary judgment for CHRW on the ground that the alleged harassment was not "based on" Reeves's sex.

On appeal, Reeves asserts that, contrary to the district court's reasoning, whether the allegedly harassing language was directed at the plaintiff is not determinative *1143 of whether the plaintiff was subjected to a hostile work environment. CHRW argues that we should affirm the district court because men and women were subjected to the same behavior in the office. Alternatively, CHRW argues that this Court should affirm on the ground that the harassment was not severe or pervasive.

II. STANDARD OF REVIEW

We review de novo a district court's grant of summary judgment, viewing the evidence in the light most favorable to the nonmoving party. Chambless v. Louisiana-Pacific Corp.,

Reeves v. CH Robinson Worldwide, Inc., 594 F.3d 798, 2010 WL 174074 (11th Cir. 2008).

594 F.3d 798 (Reeves v. CH Robinson Worldwide, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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