Background
Deana Ayres, a Logistics Coordinator, sued ChemJet International, Inc. alleging hostile work environment and retaliation under Title VII and Texas employment law. She claimed sexual harassment by a former co-worker, the wife of a current co-worker, and her supervisor, as well as retaliation for reporting a threat made by another employee. The district court granted summary judgment for ChemJet, finding Ayres failed to meet the elements of her claims.
The court’s reasoning
The Fifth Circuit affirmed, agreeing with the district court that Ayres failed to present a viable hostile work environment claim. The court noted that two of the three alleged harassers were not employees of ChemJet, and Title VII does not require employers to prevent harassment by non-employees. Regarding the supervisor, the court found ChemJet successfully established the Faragher Ellerth affirmative defense because it had an anti-harassment policy that Ayres signed but never utilized. The court also affirmed the dismissal of the retaliation claim, finding Ayres failed to provide evidence that her report of a safety threat was a protected activity under Title VII or that she suffered an adverse employment action like a reduction in overtime hours.
What it means going forward
Employers in the Fifth Circuit are reinforced in their ability to avoid liability for harassment by non-employees and by demonstrating they have effective anti-harassment policies that employees fail to utilize. Plaintiffs must now ensure they have clear evidence of protected activity and adverse actions to survive summary judgment in retaliation cases.