On Friday, The Eleventh Circuit upheld a sexual harassment jury verdict against the Florida Department of Corrections. In Beckford v. Fla. Department of Corrections, female employees were subject to rather explicit sexual harassment by prison inmates, including something called “gunning” (I will let you read the opinion for that definition). The employees repeatedly complained to prison management and even suggested remedial measures that could be taken. When the prison failed to take action to prevent the behavior, the employees brought a lawsuit claiming they were subject to a hostile work environment.
The Eleventh Circuit found
[t]itle VII required the Department to adopt reasonable remedial measures to protect its female employees from the sexually hostile environment that the inmates created. The jury was entitled to find that the Department made almost no effort to protect its employees from this sex-based harassment.
Notably, the Eleventh Circuit found that the Department of Corrections could not assert a Faragher defense, which allows employers to avoid vicarious liability by asserting that “the Department exercised reasonable care to prevent or promptly correct any sexual harassment and the employees unreasonably failed to take advantage of any preventive or corrective opportunities provided.”
The Court held that a Faragher defense was not available here because it is limited to situations where the sexual harassment involves supervisors and not third parties.
When, as here, employees complain of harassment by someone other than a supervisor, the Faragher defense does not apply.
To read the full opinion, written by Judge Pryor, click here.
