Non-sexual touches and compliments don’t create hostile work environment

In an unpublished decision (nonbinding precedent), the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently issued a decision that provided an insightful analysis into how a court should define what is or is not sexual harassment in the workplace.

Background

Summer Sowash, who worked at a Marshalls’ department store in Virginia, filed a lawsuit alleging she was sexually harassed by a coworker in violation of Title VII of the Civil Rights Act of 1964 and Virginia’s law of assault and battery. Her claim centered around allegations that over a period of several months, her coworker—David Hughes, openly gay and married to a man—repeatedly hugged her and stroked her arm, once kissed her on the cheek, and complimented her appearance.

The district court granted summary judgment (dismissal without a trial) to the employer, concluding that the conduct at issue, while inappropriate, didn’t rise to the level of “severe or pervasive,” as required for Title VII liability, and likewise wasn’t actionable assault or battery under Virginia state law. The 4th Circuit affirmed the district court’s judgment.

Court’s ruling