Motion for Judgment Denied – EEOC Claim

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7^th Circuit Court of Appeals

Case Name: Equal Employment Opportunity Commission v. Costco Wholesale Corporation

Case No.: 17-2432; 17-2454

Officials: SYKES and BARRETT, Circuit Judges, and GRIESBACH, Chief District Judge

Focus: Motion for Judgment Denied – EEOC Claim

Dawn Suppo, an employee of Costco Wholesale Corporation, was stalked by Thad Thompson, a customer of Costco, for over a year. Things got so bad at the end that Suppo secured a plenary no contact order from an Illinois state court. Traumatized by the experience, she also took an unpaid medical leave, and when she didn’t come back, Costco terminated her employment.

The Equal Employment Opportunity Commission (EEOC) sued Costco on Suppo’s behalf, alleging that Costco had subjected her to a hostile work environment by tolerating Thompson’s harassment. After the jury rendered a verdict in the EEOC’s favor, Costco moved for judgment as a matter of law and the EEOC moved for backpay. The district court denied both motions, and both parties appeal.

We conclude that the district court was right to deny Costco’s motion for judgment as a matter of law, because a reasonable jury could conclude that Thompson’s conduct was severe or pervasive enough to render Suppo’s work environment hostile. The district court was only half right, however, with respect to the EEOC’s motion for backpay. We agree with the district court that Suppo cannot recover backpay for the period of time after Costco fired her. But it should have considered whether Suppo was entitled to backpay for some or all of her time on unpaid medical leave.

Remanded

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