Connie Lynn MADRAY and Melody Holden, Plaintiffs-Appellants, v. PUBLIX SUPERMARKETS, INC., Defendants-Appellees., 208 F.3d 1290

Summary

Plaintiff employees sued defendants, plaintiffs' employer and supervising manager, alleging defendant manager's sexually harassing conduct created a hostile work environment. Asserting the Faragher affirmative defense, defendant employer moved for summary judgment on the claims asserted against it based upon vicarious liability. The trial court granted defendant employer's motion. The appellate court affirmed. Defendant employer had developed and disseminated an anti-sexual harassment policy with appropriate complaint procedures. Plaintiffs knew of the policy, but unreasonably delayed in utilizing it. Their complaints to mid-level managers did not comport with the policy. Plaintiffs complaints to the mid-level managers did not give defendant employer notice of the problem because the complaints were incomplete and made in a social context and, on one occasion, one plaintiff even declined the manager's assistance in addressing the situation. Plaintiffs admitted that once they utilized ...