United States Eighth Circuit

In a suit against plaintiff's employer based on the sexual harassment that she suffered at the hands of a store manager who was her supervisor, summary judgment for defendant is affirmed where, for purposes of the Ellerth-Faragher affirmative defense: 1) because defendant had a reasonable anti-harassment policy that it properly communicated to its employees and enforced, no genuine issue of material fact existed as to whether it exercised reasonable care to prevent and correct sexual harassment; and 2) defendant demonstrated the unreasonableness of plaintiff's failure to report the manager's harassment sooner.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• ARNOLD, Circuit Judge., Before MELLOY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• R. Charles Alberhasky, argued, Springfield, MO, for appellant.


• For Appellees:
  
• Laura J. Johnson, argued, Ransom A. Ellis, III, on the brief, Springfield, MO, for appellee.