10-2214 Sutherland v. Wal-Mart Stores, Inc.

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Employment
Hostile work environment

Although a supervisor had one prior complaint of sexual harassment, the employer is not liable for failure to consider him potentially dangerous.

“Sutherland argues that, because of Walmart’s notice of a prior complaint against Aguas, Walmart should be held to a higher standard than other employers who receive complaints of harassment. In other words, because Walmart had notice that Aguas was potentially dangerous, it should have believed her complaint and taken more drastic remedial measures. Assuming Walmart had notice of Mullin’s complaint from 2003 or 2004, Walmart’s response was still adequate. Mullins complained that Aguas gave her unwelcome attention and an unwelcome gift and card. Knowledge of this past complaint should not have made Walmart suspicious of Aguas’s initial statement—that he hugged Sutherland, touched her face, and gave her a card. While Mullins’s complaint may have put Walmart on notice that Aguas was likely to engage in inappropriate workplace behavior, it did not give notice that Aguas was likely to engage in the degree of inappropriate behavior— namely, sexual assault—Sutherland described in her complaint.”

Affirmed.

10-2214 Sutherland v. Wal-Mart Stores, Inc.

Appeal from the United States District Court for the Southern District of Indiana, Lawrence, J., Kanne, J.

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