Executive Summary: Recently, the United States Court of Appeals for the Sixth Circuit in Hylko v. U.S. Steel Corporation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging same-sex sexual harassment under Title VII of the Civil Rights Act of 1964 (Title VII) and the Michigan Elliot-Larsen Civil Rights Act (ELCRA), finding that the plaintiff failed to establish that the employer was vicariously liable for the alleged sexual harassment. The Court of Appeals found that the alleged harasser was not a supervisor under Title VII, since he “was not authorized to effect a significant change in [the plaintiff’s] employment status.” The Sixth Circuit also rejected the plaintiff’s argument that the employer should be held liable under a co-worker liability theory, since the employer, among other things, transferred and demoted the accused harasser following the plaintiff’s complaint, which admittedly ended the harassment.
Background of the Case
The plaintiff, David Hylko, Jr. (Hylko), and the accused harasser, John Hemphill (Hemphill), worked at a U.S. Steel plant. Hylko, a shift-manager, and Hemphill, the process coordinator, worked closely together. Hemphill trained Hylko and assigned his duties, and both reported to the Area Manager, who reported to the Division Manager. Hylko claimed that Hemphill asked him about his sex life on a regular basis, which made Hylko “uncomfortable.” Hylko further claimed that Hemphill grabbed his buttocks on two occasions, and on one occasion grabbed his penis. Additionally, Hylko claimed that on another occasion, Hemphill placed a banana in his zipper and “poked” another employee with it.
Hylko eventually complained about Hemphill’s behavior to the Area and Division Managers and to human resources. Hylko accepted a transfer to another area of the facility to avoid working with Hemphill. When questioned, Hemphill admitted grabbing Hylko’s behind and the “banana” incident. Hemphill was issued a verbal warning and given a one-week suspension. He was also demoted to shift manager and directed to take a leadership class. Following the discipline, Hemphill did not harass Hylko again. Hylko resigned his employment a few months later and filed a lawsuit against Hemphill and U.S. Steel alleging same-sex sexual harassment in violation of Title VII and the ELCRA. The district court granted summary judgment in favor of the defendants and Hylko appealed.
The Sixth Circuit’s Decision
The...
