Hennessey Colon v. Southeastern Grocers, Inc. d/b/a Winn-Dixie

Summary

The United States District Court for the Middle District of Florida considers a grocery employer’s motion for summary judgment in an action alleging sexual harassment, retaliation, constructive discharge, and negligent supervision and retention. The court concludes that the alleged coworker conduct was not sufficiently severe or pervasive to establish a hostile work environment and grants the motion for summary judgment on the claims addressed.

Holdings

1. The alleged staring, following, lip-licking, gestures, comments, one hair-touching incident, and related conduct were not sufficiently severe or pervasive, viewed objectively and in their totality, to create a hostile work environment under Title VII or the FCRA.
2. Because Green was a coworker without authority to take tangible employment actions against Colon, Winn-Dixie's liability depended on whether it knew or should have known of the harassment and failed to take prompt remedial action.
3. Winn-Dixie was not negligent because it disseminated a reasonable anti-harassment policy, Colon did not report the conduct through the policy's designated channels, and the company placed Green on leave and began an investigation promptly after designated personnel became aware of the complaint.
4. Summary judgment was granted on the retaliation, constructive-discharge, negligent-retention, and negligent-supervision claims because Plaintiff conceded that the evidence did not support those counts.

Questions Presented

1. Whether Green's conduct was sufficiently severe or pervasive to create a sexually hostile work environment under Title VII and the Florida Civil Rights Act.
2. Whether Winn-Dixie could be held liable for coworker harassment under a negligence or notice-based theory.
3. Whether Winn-Dixie took prompt remedial action after receiving notice of the alleged harassment.
4. Whether summary judgment should be granted on the retaliation, constructive-discharge, negligent-retention, and negligent-supervision claims that Plaintiff conceded were unsupported.

Disposition

other