11th CIRCUIT ADDRESSES SAME SEX HARASSMENT CASE
In Corbitt et al. v. Home Depot USA Inc., the 11th Circuit Court of Appeals reversed, in part, the District Court for the Southern District of Alabama's decision dismissing claims for sexual harassment and retaliation in violation of Title VII. Corbitt and Raya were store managers for the Home Depot in Mobile and Pensacola. They claimed that the regional human resources manager, Lenny Cavaluzzi, sexually harassed both of them for a period of 9 months. Cavaluzzi allegedly had multiple personal telephone conversations with the plaintiffs, massaged their necks and shoulders at a corporate meeting, played with their hair and hugged them on numerous occasions. Plaintiff's complained to various supervisors, but the conduct did not stop. The conduct only stopped after a supervisor used a Home Depot hotline to report Cavaluzzi. Both plaintiff's were fired a less than a month later. The trial court granted summary judgment in favor of Home Depot on all claims that were made by the plaintiffs. In affirming summary on plaintiff's claim for harassment, the Court, in distinguishing sexual harassment from flirtation, held that "Flirtation is part of ordinary socializing in the workplace and should not be mistaken for discriminatory conditions of employment". The Court reversed the lower courts finding that Home Depot did not retaliate against them by firing them, holding that sufficient evidence was presented that Cavaluzzi and another supervisor influenced the investigation in a way to have the plaintiff's terminated. The Court rejected any suggestion that the fact that the touchings were same-sex made them somehow more severe
Practice pointer. Same sex harassment (as well as female on male harassment) occurs in the workplace and must be treated as seriously as traditional male on female harassment allegations. Investigations must be done in a prompt, thorough and complete manner, and appropriate disciplinary actions taken. As society continues to evolve, I anticipate more of these cases to reach the courts.
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