02-2454 Hardy v. University of Illinois at Chicago

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“The University argues that Hardy delayed in using the Board’s complaint procedures and when she finally did so, she thwarted virtually every opportunity for those procedures to be effective, and the district court agreed. We find, however, that there is a question of material fact on this issue that precludes summary judgment. Hardy waited only six weeks to contact Atwater about Green’s behavior after trying to deal with Green directly to change his behavior, and what precise information she gave Atwater is in dispute. We cannot say as a matter of law that it was unreasonable for Hardy to wait until May 3, 2000, to report Green’s behavior to Access & Equity, notwithstanding her previous experience with that office. While her report to that office was almost three months after Green’s first alleged act of harassment, it was only eight days after his last and was only two weeks after Hardy’s last report to Atwater. Similarly, it is a question for the trier of fact to determine the reasonableness of Hardy’s delayed completion of the ‘Request for Action’ form; she completed it the month after she went on medical leave and little more than two months after she received it, and it often takes time for employees to complete these forms because they want to ensure that all relevant information is included. Given these facts, and the standards set out in Ellerth and Farragher, the district court erred when it granted summary judgment to the University.”

Reversed and Remanded.

Appeal from the United States District Court for the Northern District of Illinois, Darrah, J., Williams, J.