Bearden v. N. W. E., Inc.

"[W]hen the plaintiff claims that a co-worker created a hostile environment through sexual harassment, the employer is liable if the employer knew or should have known of the harassment and failed to take prompt remedial action ***." Harris v. Pameco Corp., 170 Or App 164, 177, 12 P3d 534 (2000).

Defendant appealed from a general judgment entered in favor of Plaintiff on both Plaintiff's sexual harassment claims. Defendant assigned error to the trial court’s denial of Defendant’s motions for a directed verdict. On appeal, Defendant argued that the evidence was insufficient under ORS 659A.030(1)(b) to show “the sexual harassment was severe or pervasive enough to alter the conditions of the plaintiff’s employment and create an abusive working environment.” In response, Plaintiff argued that the evidence was sufficient for a reasonable fact finder to determine that the harassment was severe enough to alter the conditions of his employment. "[W]hen the plaintiff claims that a co-worker created a hostile environment through sexual harassment, the employer is liable if the employer knew or should have known of the harassment and failed to take prompt remedial action ***." Harris v. Pameco Corp., 170 Or App 164, 177, 12 P3d 534 (2000). The Court held that the evidence was sufficient to show the Plaintiff had experienced an abusive working environment because the Plaintiff’s manager knew of the harassment and terminated his employment without attempting to remedy the harassment. Affirmed.