Can Sexual Rumors In The Workplace Create A Sexually Hostile Work Environment?

Having represented sexual harassment victims for more than two decades, our sexual harassment lawyers in Citrus County, Florida know that women are often the subject of false sexual rumors in the workplace. For example, employees circulate rumors that a female employee obtained her position because of a sexual relationship with a high-ranking manager. As observed by the court in Parker v. Reema Consulting Services, Inc., 915 F.3d 297 (4th Cir. 2019) such sexual rumors “invoke[ ] a deeply rooted perception-one that unfortunately still persists—that generally women, not men, use sex to achieve success. And with this double standard, women, but not men, are susceptible to being labeled as ‘sluts’ or worse, prostitutes selling their bodies for gain.” In this article, our sexual harassment lawyers in Citrus County, Florida explain how the decision in Longhorn v. Oregon Department of Corrections, Case No. 6:217-cv-0126 (D. Or. May 23, 2023) demonstrates that sexual rumors in the workplace are a form of sexual harassment and can create a sexually hostile work environment in violation of federal employment discrimination law.

Legal Rights Of Sexual Harassment Victims

Title VII of the Civil Rights Act of 1964 (Title VII) makes it unlawful for an employer to discriminate against an employee on the basis of sex. In its landmark decision in Meritor Sav. Bank v. Vinson, 477 U.S. 57 (1986), the U.S. Supreme Court determined that sexual harassment is a form of sex discrimination prohibited by Title VII. In ruling that Title VII protects employees from sexual harassment, the Meritor Court explained employees are not required to run a “gauntlet of sexual abuse in return for the privilege of being allowed to work and make a living.” Title VII protects both men and women from workplace sexual harassment. Title VII also protects employees from sexual harassment by co-workers, supervisors, managers, owners, customers, and clients. To violate Title VII, sexual harassment must be sufficiently severe or pervasive to alter the conditions of the victim’s employment and create a hostile working environment.

Sexual Harassment Lawsuit

In Longhorn, a woman named Longhorn brought a sexual harassment claim against her former employer, the Oregon Department of Corrections (DOC), pursuant to Title VII. Longhorn claims that sexual rumors about her in the workplace created a sexually hostile work environment in violation of Title VII.

In March 2020, Longhorn began working as a corrections officer for the DOC. Shortly after Longhorn’s employment began, another corrections officer, MK, began messaging Longhorn about whether she liked the job. On May 16, 2020, Longhorn went to MK’s home to pick up a box MK made for her. Longhorn claims that MK sexually assaulted her in his house. Soon after, Longhorn told a co-worker about the alleged assault. On May 21, 2020, Longhorn’s co-worker reported the alleged sexual assault to DOC Superintendents. Longhorn met with the Superintendents later that day but was unwilling to report the assault at that time.

After the alleged sexual assault, Longhorn claims that MK began stalking her at work. Longhorn alleges that MK parked next to her, watched her as she entered and exited the building, left gifts in her mailbox, commented to co-workers about her, and called her every day. Longhorn asked him to stop but Longhorn allegedly persisted. On June 22, 2020, Longhorn reported the alleged sexual assault and stalking behavior to DOC Superintendents. Longhorn met with a detective and reported the alleged assault and stalking. DOC put MK on administrative leave.

Shortly after MK was placed on administrative leave, rumors about Longhorn began circulating in the workplace. These rumors suggested the Longhorn was lying abut her allegations against MK, that she was part of a sex ring, that she had sex with MK to advance her career, and that she was sleeping with other officers in the parking lot. Longhorn was referred to as a “snake” and a “whore.” Longhorn heard about the rumors daily from co-workers. In August 2020, Longhorn complained to her supervisors about the sexual rumors. DOC did not open an investigation into Longhorn’s reports of rumors. No one at DOC ever interviewed Longhorn about the sexual rumors. At some point, Longhorn requested transfer to a “graveyard” shift in order to avoid co-workers. Longhorn also took unpaid administrative leave due to intense anxiety and panic attacks.

In December 2020, Longhorn testified to a grand jury about the alleged sexual assault. MK was indicted on six charges, arrested, and placed on unpaid administrative leave. Longhorn again went out on administrative leave. In March 2021, the county attorney moved to dismiss the charges against MK, contending that the State could not prove the allegations beyond a reasonable doubt. Out of personnel leave, Longhorn resigned in May 2021. In January 2022, DOC fired MK.

Sexual Rumors Create Hostile Environment

DOC filed a motion with the trial court seeking dismissal of Longhorn’s sexual harassment claim. In moving for dismissal, DOC argued that the sexual rumors about Longhorn was not sufficiently severe or pervasive to create a sexually hostile work environment in violation of Title VII because “no one ever said them directly to [Longhorn].” The trial court denied DOC’s motion for dismissal and ruled that Longhorn was entitled to proceed to a jury trial on the issue of whether she worked in a sexually hostile environment in violation of Title VII.

In denying DOC’s motion for dismissal, the trial court explained that the “rumors and gendered name calling involving [Longhorn’s] sexual reputation are necessarily sexual in nature.” The trial court also observed that Longhorn was “the subject of targeted, sexual rumors occurring on a regular basis for nearly a year” and that Longhorn “heard the rumors from her coworkers daily.” “The emotional impact of this treatment,” the trial court pointed out, “required her to take leave multiple times due to anxiety and panic attacks.” Even though Longhorn reported the rumors to her supervisors, “DOC took no remedial action.” Based on this evidence, the trial court concluded that a reasonable jury could find that the sexual rumors were sufficiently severe or pervasive to alter the conditions of Longhorn’s employment and create a hostile working environment in violation of Title VII.

Citrus County Sexual Harassment Lawyers

Based in Ocala, Florida and representing workers throughout Florida, our sexual harassment attorneys in Citrus County, Florida have fought for the rights of sexual harassment victims for more than twenty years. If you are a victim of workplace sexual harassment or have questions about your rights as a sexual harassment victim, please contact our office for a free consultation with our sexual harassment lawyers in Citrus County, Florida. Our employee rights law firm takes sexual harassment cases on a contingency fee basis. This means that there are no attorney’s fees incurred unless there is a recovery and our attorney’s fees come solely from the monetary award that you recover.