Faragher V. City Of Harris V Forklift Systems Inc

). Black alleges four instances of offensive conduct by a supervisor. The time period in which this conduct occurred is unknown from the facts presented. However, Black alleged that shortly after she became an employee the comment about her tight jeans from John to Joan was made. Three additional instances could be seen as frequent if a time frame of employment was known; however, a low frequency can still be relevant if the discriminatory conduct is severe, as would be a high frequency with low severity. For example, in Harris v. Forklift, the actions of Hardy, Harris’ supervisor, were determined to be frequent, but not severe as he “often insulted her… and made her the target of unwanted sexual innuendos.” Harris v. Forklift Systems, Inc.

(US 1993).
The court must next assess the severity of the alleged discriminatory conduct. In the case, Oncale v. Sundowner Offshore Services, Inc., the court asserted that the “objective severity of harassment must be judged from the perspective of a reasonable person in the plaintiff’s position, considering the all circumstances [stated in Harris].” Oncale v. Sundowner Offshore Services, Inc. (US 1998). Black alleges three verbal comments with only one directed towards her and one physical instance where she claims John touched her buttocks. The verbal comments alleged to have been made by John about her tight jeans and his wish that he could judge Black in a wet T-shirt contest are not severe in which a reasonable person would find it hostile or abusive. The touch on the buttocks that is suspected to have been made by John, but unproven, would be more severe than a verbal comment, but less severe than a grope or continued placement of the hand on the buttocks. In Faragher v. City of Boca Raton, Faragher’s supervisor, Terry, “repeatedly touched the bodies of female employees without invitation, would put his arm around Faragher, with his hand on her buttocks, and once made … a motion of sexual simulation.” Beth Ann Faragher v. City of Boca Raton (US 1998). The one time touch of the buttocks is considered less severe when compared to the conduct repeated over a five year period in Faragher’s case.
Nevertheless, for the reason being the factors must be weighed altogether, the court must still evaluate whether the alleged conduct was physically threatening or humiliating, or a mere offensive utterance created by the difference in male and female beliefs of acceptable interactions.

In Faragher v. City of Boca Raton, the court asserted that conduct must be extreme and “simple teasing, offhand comments, and isolated incidents (unless extremely serious)” are not enough to amount to changes in the terms and conditions of employment. Beth Ann Faragher v. City of Boca Raton (US 1998). The alleged verbal statements, one directed at Black about the wet T-shirt contest and the other made in reference to Black’s tight blue jeans, are merely offensive utterances. John’s comments are distinct from the comments in Harris v. Forklift which would be considered humiliating by a reasonable person. Harris was “insulted … in the presence of other employees” when her supervisor commented “you’re just a woman, what do you know” and told her “she was a dumb ass woman.” Harris v. Forklift Systems, Inc. (US 1993). Russell’s conversation with a male co-worker of his sexual encounter with his wife is not directed at Black, so it is not humiliating or physically threatening. The touch on Black’s buttocks would be seen as humiliating, but not physically threatening. However, Black cannot provide evidence that her supervisor was the one who actually touched her. In comparison with Beth Ann Faragher

v. City of Boca Raton, Faragher’s supervisor, Silverman, humiliated and physically threatened her when he “tackled [her] and remarked that, but for a physical characteristic he found unattractive, he would readily have had sexual relations with her.” Beth Ann Faragher v. City of Boca Raton (US 1998).
The fourth factor in evaluating of the offensiveness of the conduct to create a hostile or abusive work environment is whether it unreasonably interfered with the employee’s work performance.

A hostile work environment can affect an employee’s psychological well-being, can detract from job performance, discourage employees from remaining on the job, or keep them from advancing in their careers. Harris v. Forklift Systems, Inc. (US 1993). Black does not offer any evidence indicating the comments interfered with her ability to perform her job and never reported the comments for being offensive to her. She did not report the incident of the alleged touch of her buttocks until the day she quit her job. In Harris v. Forklift Systems, Inc., the circumstances under which Harris quit were different, because she had “complained to Hardy about his conduct” and once he made another sexual remark, she quit as she couldn’t remain on the job anymore with his harassment. Harris v. Forklift Systems, Inc. (US 1993). Considering the four factors together as a whole, Black cannot prove that the conduct affected the terms and conditions of

employment.

Conclusion: Black cannot prove her claim of hostile work environment sexual harassment against Industrial Contractors, Inc. Simply alleging conduct is not enough to fulfill Black’s burden of proof and she does not have a cause of action to sue Industrial for sexual harassment under Title VII. If in the circumstance that a trier of fact could validate such conduct, she would still fail to show that the alleged discriminatory conduct altered a condition or term of her employment when put to the test of the four factors. The frequency of the conduct cannot be determined, but the comments alleged were not severe, as they were only offensive utterances and they did not interfere unreasonably with Black’s work performance.