Lambert v. Peri Formworks, Systems, Inc.

Federal 7th Circuit Court
Civil Court
Sexual Harassment
Case Number: 
No. 12-2502
Decision Date: 
July 24, 2013
Federal District: 
N.D. Ill., E. Div.
Affirmed and reversed in part and remanded
Dist. Ct. erred in granting defendant-employer’s motion for summary judgment in plaintiff-employee’s Title VII action alleging that he was sexually harassed by male co-worker, who regularly told plaintiff to “suck his penis” and to “give him his ass” and touched plaintiff’s buttocks, as well as stared at plaintiff’s genitals, exposed his penis to plaintiff and rubbed his body in close proximity to plaintiff. While defendant argued that plaintiff made insufficient efforts to alert management about offensive conduct so as to give rise to any liability, where plaintiff only informed his two non-management lead workers about said misconduct, record contained evidence that plaintiff adequately notified management of said misconduct, since lead workers had responsibility for informing appropriate individuals to assist plaintiff in his harassment complaints. However, Dist. Ct. appropriately granted defendant’s summary judgment with respect to plaintiff’s retaliation claim based on his termination that was result of plaintiff’s failed blood alcohol test, where plaintiff failed to show any inconsistency with respect to management’s treatment of others who had also failed their blood alcohol test.