Dunbar v. County of Saratoga.U.S. District Court SEXUAL HARASSMENT sexual harassment, in law, verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort or under equal-opportunity statutes. TITLE VII HOSTILE WORK ENVIRONMENT A hostile work environment exists when an employee experiences workplace harassment and fears going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser. Dunbar v. County of Saratoga, 358 F.Supp.2d 115 (N.D.N.Y. 2005). A female correctional officer at a county jail brought an action alleging sexual harassment in violation of Title VII and [section] 1983. The district court granted summary judgment for the defendants, in part, and denied in part. The court held that summary judgment was precluded on the officer's hostile environment sexual harassment In employment law, hostile environment sexual harassment refers to a situation where employees in a workplace are subject to a pattern of exposure to unwanted sexual behavior from persons other than an employee's direct supervisor where supervisors or managers take no steps to claim. The officer alleged that co-workers made unwelcome sexual advances, directed graphic sexual comments and jokes at her, left sexual notes on her car, called her at home several times, and made obscene and offensive gestures toward her. The court held that the officer failed to establish that she was constructively discharged because of her gender in violation of Title VII, absent evidence that the defendants intentionally created an intolerable work atmosphere that forced the officer to quit voluntarily. The court found that the sheriff was entitled to qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. under [section] 1983 from the officer's claims of sexual harassment, where the sheriff never sexually harassed the officer, never observed her alleged sexual harassment, never took any adverse employment action against her, and was never personally aware of allegations of sexual harassment. (Saratoga County Sheriff's Department, New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of ) |
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