Professional Documents
Culture Documents
"Title VII does not provide a remedy for every instance of verbal
or physical harassment in the workplace." Lissau v. Southern Food
Serv., Inc., 159 F.3d 177, 183 (4th Cir. 1998). Coworkers may be "unpleasant and sometimes cruel." Hartsell v. Duplex Prods., Inc., 123
F.3d 766, 772 (4th Cir. 1997). Not every such instance renders the
workplace objectively hostile. See Hopkins v. Baltimore Gas & Elec.
Co., 77 F.3d 745, 751 (4th Cir.) ("[I]n prohibiting sex discrimination
solely on the basis of whether the employee is a man or a woman,
Title VII does not reach discrimination based on other reasons, such
as the employee's sexual behavior, prudery, or vulnerability."), cert.
denied, 519 U.S. 818 (1996). There simply is"no guarantee of refinement or sophistication in the workplace." Hartsell, 123 F.3d at 773.
As noted above, for liability to attach, the harassing actions must be
severe enough so that a reasonable person would find the environment
to be hostile or abusive. See Harris, 510 U.S. at 21.
This Court has reviewed the facts in the light most favorable to
Shaver, and finds that they do not support her claim that she was a
victim of sexual harassment. This Court believes that Finley's conduct was not so severe or pervasive that it created an abusive working
environment.
The alleged harassment arguably began when Finley placed his
hand on Shaver's knee during her interview at Dixie. The principal
basis for her sexual harassment claim, however, appears to be the two
hugging incidents. These two incidents were obviously unpleasant for
Shaver, but nothing suggests that they had sexual overtones. Importantly, Finley did not preface, accompany, or follow the hugs with any
words or conduct containing implicit or explicit sexual references.
Although Finley's conduct was inappropriate, and understandably
unappreciated, this Court finds that these acts did not constitute sexual harassment under the law.
Even when viewed in a larger context that includes back rubs initiated by Finley, there is no evidence that any of Finley's comments or
actions involved sexual innuendo or sexual advances. Moreover,
Shaver has not shown that Finley's conduct created an environment
that affected her ability to perform her job or that caused her to feel
uncomfortable in the workplace. In sum, after reviewing all the facts
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