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Court upholds
jury verdict finding sexual harassment, but reverses award of punitive damages.
Ocheltree v. Scollon Productions, Inc., 335 F.3d 325 (4th Cir. July 18,
2003)(en banc) - This is a Title VII sexual harassment action in which the Fourth
Circuit, en banc, vacates Ocheltree v. Scollon Productions, Inc., 308 F.3d
351 (4th Cir. October 10, 2002). Lisa Ocheltree worked for Scollon from February 1994 to
August 1995. According to Ocheltree, the all-male staff regularly engaged in
sexually-oriented discussions and conduct -- much of it designed to embarrass Ocheltree.
She complained to her immediate supervisor, but he took no corrective action; and in fact,
he engaged in part of the harassment. She also attempted to complain to the male owner and
a female who was second in command, but they never had time for her. At trial, a jury
found in favor of Ocheltree. The Fourth Circuit affirms the jury verdict -- with the
exception that it reverses the award of punitive damages. The most significant holdings
are: (1) a reasonable jury could find that much of the sex-laden and sexist talk and
conduct was aimed at Ocheltree "because of her sex" in order to make her
uncomfortable; (2) the conduct was sufficiently severe or pervasive to be actionable; and
(3) there was sufficient evidence to hold Scollon responsible for co-worker harassment
because it should have known that the harassment was occurring. The Court arrives at this
last conclusion based on the fact that Scollon's company policy against verbal abuse was
not really an anti-harassment policy. Furthermore, the policy did not require supervisors
to report complaints of harassment up the chain of command. Also, Scollon's "Open
Door Policy" was an illusion -- at least for Ocheltree where she could not get
company principals to meet with her. However, the Court reverses the award of punitive
damages because there was no evidence that Scollon knew it was violating Ocheltree's
federally protected rights. Click
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