Tristana Hunt v. Wal-Mart Stores, Inc.

Summary

Seventh Circuit affirmed summary judgment for Wal-Mart on Title VII hostile work environment claim, holding that Wal-Mart established the Faragher-Ellerth affirmative defense by showing it exercised reasonable care to prevent and correct sexual harassment through its anti-harassment policy and prompt investigation, and that the plaintiff unreasonably delayed reporting for four months. The court also found no constructive discharge because the plaintiff continued working for years without alleging further harassment. Key topics: Faragher-Ellerth defense, unreasonable delay in reporting, employer liability for supervisor harassment, and constructive discharge.

Holdings

1. Hunt was not constructively discharged because she failed to show that her working conditions were so intolerable that she was forced into involuntary resignation. She continued to work for years and did not allege physical touching, threats, or safety concerns.
2. Wal-Mart established both elements of the defense: it exercised reasonable care to prevent and correct harassment, and Hunt unreasonably failed to take advantage of preventive opportunities.

Questions Presented

1. Whether the district court correctly granted summary judgment in favor of Wal-Mart on Hunt's hostile work environment claim based on the Faragher-Ellerth affirmative defense.
2. Whether Hunt was constructively discharged.

Disposition

affirmed