Recently, the United States Court of Appeals for the Fourth Circuit held in Parker v. Reema Consulting Services, that a false rumor that a female employee slept with her male boss to obtain a promotion can give rise to the employer’s liability under Title VII for discrimination “because of sex.” 2019 U.S. App. LEXIS 3965. The Court concluded that liability is implicated where the employer participates in the circulation of the rumor and acts on it by sanctioning the employee.
Plaintiff Evangeline Parker worked for Reema Consulting Services, Inc. (RCSI) from 2014 to 2016. Parker was promoted six times during her two years at RCSI. Following her most recent promotion, she discovered “an unfounded, sexually-explicit rumor about her” that portrayed her having a sexual relationship with a higher-ranking manager to obtain her management position was circulating within the facility. Plaintiff alleged her “work environment became increasingly hostile.” Parker filed a sexual harassment complaint against the employee who instigated the rumor and her supervisor. The employee who started the rumor also submitted a complaint. Eventually, Parker was issued two written warnings and then ultimately fired the same day.
Parker alleged a hostile work environment claim for discrimination because of sex, a retaliatory termination claim and a discriminatory termination claim alleging that RCSI terminated her employment contrary to its three warnings rule. To state a claim under Title VII for a hostile work environment because of sex, the plaintiff must allege workplace harassment that (1) was “unwelcome”; (2) was based on the employee’s sex; (3) was “sufficiently severe or persuasive to alter the conditions of employment and create an abusive atmosphere”; and (4) was, on some basis, imputable to the employer. Bass v. E.I. du Pont de Nemours & Co., 324 F.3d 761, 765 (4th Cir. 2003).
The Parker Court reasoned, “because traditional negative stereotypes regarding the relationship between the advancement of women in the workplace and their sexual behavior stubbornly persist in our society, and these stereotypes may cause superiors and coworkers to treat women in the workplace differently from men, it is plausibly alleged that Parker suffered harassment because she was a woman.” The court determined the harassment began with the fabrication of the rumor by a jealous male competitor and was then circulated by male employees, management contributed to the continuing circulation of the rumor, and Parker was told she could receive no further promotions because of the rumor. The Court of the Appeals for the Fourth Circuit held the employee’s complaint plausibly alleges a hostile work environment claim under Title VII for discrimination.
Often employers are unsure what they can do when confronted by these types of workplace rumors. This case makes it clear employers must investigate such rumors and take reasonable action to end the rumors. If you require legal assistance with a sexual harassment or other discrimination claim, contact our team at info@fisheldowney.com by email or phone at (614) 221-1216.