Beatrice Young sued her former employer, the Missouri Department of Corrections (DOC), in the Circuit Court of Jackson County, alleging that she had been discriminated against, subjected to harassment based on her race, sex, and national origin, and retaliated against for her internal complaints of discrimination and harassment. Following a five-day trial, a jury rejected Young’s discrimination claims but awarded her actual and punitive damages for workplace harassment and retaliation, and the circuit court awarded Young attorney’s fees and costs. DOC appealed the judgment for Young on her claim for gender-based harassment occurring before August 28, 2017, the award of punitive damages on that claim, and the attorney’s fee award to the Missouri Court of Appeals, Western District.
Factual Overview
Beatrice Young, a Liberian immigrant, worked for the DOC as a Corrections Officer from December 2012 until her resignation in March 2018. In July 2016, Young made an internal complaint alleging that her supervisor, Lieutenant, was discriminating against her based on her national origin, race, and gender. DOC’s Human Resources staff found that Lieutenant had subjected Young to harassment and unprofessionalism and disciplined him with a three-day suspension without pay.
In November 2016, a Corrections Officer (Harassing Officer) made a disparaging comment about Young, calling her a “fat ass cunt.” Although Young was not present when the comment was made, she learned about it from another officer and testified that it had a significant emotional effect on her. Young also alleged that other DOC employees made disparaging comments about her, subjected her to unfounded allegations of misconduct, and gave her less desirable work shifts and denied her a promotion.
Legal Analysis
Preservation of Submissibility Issue: The court found that DOC adequately preserved its challenge to the submissibility of Young’s pre-August 28, 2017 gender-based harassment claim by making a sufficiently specific motion for directed verdict at the close of all evidence and a motion for judgment notwithstanding the verdict.
Submissibility of Pre-August 28, 2017 Gender-Based Harassment Claim: The court concluded that DOC was entitled to judgment notwithstanding the verdict on Young’s claim for pre-August 28, 2017 gender-based harassment. The court found that the conduct on which Young’s claim relied, mainly the single comment made by Harassing Officer in November 2016, was not severe or pervasive enough to have created an objectively hostile work environment. The court emphasized that the comment was not made directly to Young, was made by a subordinate rather than a supervisory employee, and did not describe, invite, or threaten violent or sexual acts.
Attorney’s Fees: The court reversed the circuit court’s award of attorney’s fees and remanded for further consideration in light of the reversal of the judgment on Young’s pre-August 28, 2017 harassment claim.
The court reversed the circuit court’s judgment on Young’s claim for pre-August 28, 2017 gender-based harassment, reversed the attorney’s fee award, and remanded the case for further proceedings consistent with its opinion.
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