Multiple managers’ failures to report harassment complaints fuel lawsuit

An employer that had a sexual harassment policy but that failed to train its employees on the policy—and failed to insist that managers who received complaints forward them to the HR department—will face a jury trial in an Ohio federal court.

Facts

Nicole Graham was hired as a territory sales manager in January 2017 by Phillips Feed Service, Inc., a national distributor of pet food and pet supplies.

On her first day, Graham received a copy of the company’s harassment and discrimination avoidance policy. The policy defined sexual and other forms of harassing or discriminatory conduct, provided for a reporting mechanism, and explicitly prohibited retaliation against an employee who reported harassment or discriminatory conduct.

Sexual assault and harassment never reported to HR

Shortly after she was hired, Graham was to meet with her boss, regional sales manager Jeff Durgan, so they could travel together to visit with customers in her new territory. She agreed to meet him in his hotel room the day before so they could discuss plans for the “ride along” the next day, and it was there she alleges he sexually assaulted her.

On the same day of the alleged sexual assault, Graham reported the incident to Stacy Casey, another territory sales manager. Casey advised her to “keep her head down” and, like Graham, never reported the incident to Phillips’ HR department.