United States Eighth Circuit

In an action against a school district alleging sex discrimination under Title VII and South Dakota law, based on a hostile work environment created by a co-worker's sexual harassment, summary judgment for the school district is affirmed in part, but reversed in part where: 1) the district court erred in finding that the co-worker's harassment stopped after the district took an initial remedial action, and that plaintiff failed to report any subsequent harassment; and 2) plaintiff presented evidence that could support a reasonable finding that some elements of the district's second remedial action were insufficient to address the ongoing harassment, that the remedial action did not stop the harassment, and that the second remedial action may actually have encouraged the co-worker to feel that he could safely continue certain activities.

Appellate Information

• Decided 11/09/2007
• Published 11/09/2007

Judges

• COLLOTON, Circuit Judge., Before LOKEN, Chief Judge, ARNOLD and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Heather Lammers Bogard and Stephen C. Hoffman, Rapid City, SD, for appellant.


• For Appellees:
  
• Sara L. Larson and Michael M. Hickey, Rapid City, SD, for appellee.