Failure to Report Supervisor’s Conduct Not Per Se Unreasonable
A female county employee sued her employer for gender discrimination and multiple allegations of sexual harassment seeking to hold the county vicariously liable for the conduct committed by her supervisor that began four years prior. The employee failed to report the repeated harassment because she was economically dependent on her job due to her child’s illness and she learned other complaints against her supervisor were ineffective. Referencing the #metoo movement, the Third District court ushered in a new era concerning the judiciary’s approach to harassment claims, recognizing workplace harassment as highly circumstance-specific. This decision leaves it to the jury to answer the question whether an employee has a well-founded belief regarding potential retaliation for reporting workplace harassment that extends the time for filing a claim.