The Fifth Circuit Court of Appeals recently upheld summary judgment for an employer in a hostile work environment and retaliation case. Stewart v. Miss. Transp. Comm’n, No. 08-60747 (5th Cir. Oct. 21, 2009), available at http://www.ca5.uscourts.gov/opinions/pub/08/08-60747-CV0.wpd.pdf. The plaintiff complained to her employer that her supervisor harassed her. Following an investigation, the employer assigned the plaintiff to another supervisor. Sixteen months later, the employer reassigned the plaintiff to her former supervisor, and she again complained about his behavior. Following a second investigation, the employer assigned the plaintiff to another supervisor, and her workload increased. The plaintiff then sued her employer and former supervisor. The trial court granted summary judgment for the employer.
The Court upheld summary judgment on the hostile work environment claim. Because the employer’s action in assigning plaintiff to another supervisor following her first complaint was an intervening action, the plaintiff could not rely on the continuing violation doctrine to hold her employer liable for any conduct prior to 180 days before she filed her claim. And, because the later harassment, standing alone, was not severe enough to create a hostile work environment, summary judgment was proper.
The Court also found no retaliation occurred because the employer’s actions in reassigning plaintiff to a position with a heavier workload and placing her on paid leave while an investigation took place were not adverse actions that could form the basis of a retaliation claim.
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