At page 404 Determining employer liability for sexual harassment43 citing casesemployer’s response to employee’s sexual harassment complaint was sufficient as a matter of law where, although employee’s allegations of harassment could not be corroborated during employer’s investigation, employee was transferred to another position, with no loss of pay or benefits, so as to sep…
- Pierce v. Houston Cmty. Coll. Sys., No. 4:21-cv-00346 (S.D. Tex. Sept. 15, 2022).Dist., 106 F.3d 648, 650 (5th Cir. 1997).1 And, “to qualify as a supervisory employee whose knowledge of abusive conduct counts as the district’s knowledge, a school official must at least serve in a position with the authority to ‘repudia…
- Watson v. United States Postal Serv., No. 2:20-cv-02901 (E.D. La. Apr. 1, 2022).The last element may not apply when the harassment is committed by a supervisor who is responsible for the terms and conditions of the plaintiff’s employment, for thSee ep lNaiansthif f'vs. wEloecrktr oasspsaigcen mSyesntet mw, Iinthci.n t…
- Desport v. Shamrock Energy Solutions, LLC, No. 2:19-cv-12446 (E.D. La. Dec. 14, 2021).Constructive Discharge “A resignation is actionable under Title VII, allowing the plaintiff to seek compensatory damages for events after the resignation, only if the resignation qualifies as a constructive discharge.”110 To prove a constr…
- Jane Doe v. Edgewood Indep Sch. Dist., 964 F.3d 351 (5th Cir. 2020).publishedAnd myriad courts have recognized that the power to institute corrective measures must include the power to terminate or discipline.35 As discussed, 32 See 524 U.S. at 290 . 33 Rosa H., 106 F.3d at 660 ; see also Baynard v. Malone, 268 F.3…
- Fillmore v. Nan Ya Plastics Corp. U.S.A., No. 4:18-cv-01050 (S.D. Tex. Sept. 17, 2019).“There is no actual knowledge until someone ‘with authority to address the problem’ is notified.” Id. (quoting Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir. 1993)).
- Tina Haskenhoff v. Homeland Energy Solutions, LLC, 897 N.W.2d 553 (Iowa 2017).published Sharp, 164 F.3d at 930 (quoting Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir. 1993); see also Sandoval v. Am.
- Amended August 25, 2017 Tina Haskenhoff v. Homeland Energy Solutions, LLC, No. 15–0574 (Iowa June 23, 2017).publishedSharp, 164 F.3d at 930 (quoting Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir. 1993); see also Sandoval v. Am.
- Mire v. Texas Plumbing Supply Co., Inc., 508 F. Supp. 2d 556 (S.D. Tex. 2007).published“Another factor relevant to whether [the employer] knew or should have known of [the harassing conduct] is whether the conduct took place in public, under the eye of co-workers or supervisors.” Id. at 807 n. 5, citing Nash v. Electrospace,…
- Taylor v. CSX Transp., 418 F. Supp. 2d 1284 (M.D. Ala. 2006).published(employer’s response to employee’s sexual harassment complaint was sufficient as a matter of law where, although employee’s allegations of harassment could not be corroborated during employer’s investigation, employee wa…)
- Sims v. Brown & Root Indust, No. 95-30440 (5th Cir. Mar. 24, 2004).unpublishedIn Nash v. Electrospace System, Inc., 9 F. 3d 401, 404 (5th Cir. 1993), this court explicitly rejected strict liability for employers in sexually hostile work environment claims brought under Title VII, st ating that “[a]n employer is liab…
Show 12 more citing cases
- Rodriguez v. City of Houston, 250 F. Supp. 2d 691 (S.D. Tex. 2003).publishedAn employer’s action may also be considered remedial if it is taken by one with “authority to address the harassment problem.” See Williamson, 148 F.3d at 466 (citing Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir.1993)).
- Barton v. United Parcel Serv., Inc., 175 F. Supp. 2d 904 (W.D. Ky. 2001).published(holding that transfer of complainant “represents not retaliation, but an act that insulated her from further contact with [harasser].)
- Lacher v. West, 147 F. Supp. 2d 538 (N.D. Tex. 2001).publishedDist., 161 F.3d 263, 269 (5th Cir.1998) (citing Faragher, 524 U.S. at 787-88 , 118 S.Ct. 2275 ); Nash v. Electrospace System, Inc., 9 F.3d 401, 404 (5th Cir.1993).
- Cox v. Indian Head Indus., Inc., 123 F. Supp. 2d 892 (W.D.N.C. 2000).publishedWhile typically an employer has no reason to know of alleged harassment until an employee reports it, Nash v. Electrospace Sys., 9 F.3d 401, 404 (5th Cir.1993), the corporate defendants cannot avail themselves of such protection, inasmuch…
- Pfeil v. Intecom Telecomm., 90 F. Supp. 2d 742 (N.D. Tex. 2000).publishedButler, 161 F.3d at 269 (citing Faragher 524 U.S. at 787-88 , 118 S.Ct. 2275 ); Nash v. Electrospace System, Inc., 9 F.3d 401, 404 (5th Cir.1993).
- Carolyn S. WATTS, Plaintiff-Appellant, v. the KROGER Co.; Arthur Bullington, Defendants, the Kroger Co., Defendant-Appellee, 147 F.3d 460 (5th Cir. 1998).publishedNash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir.1993).
- 77 Fair empl.prac.cas. (Bna) 613, 73 Empl. Prac. Dec. P 45,451 Linda Williamson v. The City of Houston, Texas v. The City of Houston, Texas, 148 F.3d 462 (5th Cir. 1998).publishedSome language in our case law has suggested that a- more important consideration is whether notice was given “to those with authority to address the problem.” Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir.1993).
- Scribner v. Waffle House, Inc., 14 F. Supp. 2d 873 (N.D. Tex. 1998).publishedBlanco’s joke about Farpel-Ia-Crosby’s knowledge of condoms was directed specifically toward Farpella-Crosby and her seven children and was not an isolated incident." 20 .Id. at 807, citing Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404…
- Tina M. Davis v. Mike McNea Alliedsignal, Inc., Bendix Auto. North Am., 108 F.3d 1376 (6th Cir. 1997).unpublishedSee also Bouton v. BMW of North America, Inc., 29 F.3d 103, 108, 110 (3d Cir.1994); Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir.1993). 13 In this case, the district court granted summary judgment on the ground that AlliedSign…
- Scribner v. Waffle House, Inc., 976 F. Supp. 439 (N.D. Tex. 1997).publishedId. at 807, citing Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir.1993) (citing Jones, 793 F.2d at 720 ) ("As this Court noted in Waltman v. International Paper Co., the type and extent of notice necessary to impose liability on…
- Rosa H., Individually & as Next Friend of Deborah H. v. San Elizario Indep. Sch. Dist., San Elizario Indep. Sch. Dist., 106 F.3d 648 (5th Cir. 1997).publishedNash v. Electrospace System, Inc., 9 F.3d 401, 404 (5th Cir.1993) (per curiam) (emphasis supplied).
- Watts v. Kroger Co., 955 F. Supp. 674 (N.D. Miss. 1997).published Waymire v. Harris County, Texas, 86 F.3d 424, 428 (5th Cir.1996); Nash v. Electrospace Sys., Inc., 9 F.3d 401, 404 (5th Cir.1993).
At page 402 Avoiding title vii liability through prompt remedial action16 citing cases
- Burnett, No. 3:24-cv-00293 (N.D. Miss. June 1, 2026).In a 2009 decision, for example, Fifth Circuit Judge Edith Jones wrote that: “When a company, once informed of allegations of sexual harassment, takes prompt remedial action to protect the claimant, the company may avoid Title VII liabilit…
- Zuniga v. City of Dallas, Texas, No. 3:23-cv-02308, 2024 WL 2734956 (N.D. Tex. May 28, 2024).The City does not challenge Zuniga’s allegation that it knew or should have known of Alli’s harassment; it only contests her assertion that it failed to take prompt remedial action. 1 When an employer, “once informed of allegations of sexu…
- Zuniga v. City of Dallas, Texas, No. 3:23-cv-02308 (N.D. Tex. Jan. 23, 2024).When an employer, “once informed of allegations of sexual harassment, takes prompt remedial action to protect the claimant, [it] may avoid Title VII liability.” Hockman, 407 F.3d at 329 (citing Nash v. Electrospace Sys., Inc., 9 F.3d 401,…
- Johnson v. Fluor Corp., 181 F. Supp. 3d 325 (M.D. La. 2016).publishedHarvill, 433 F.3d at 437 (quoting Nash v. Electrospace Sys., Inc., 9 F.3d 401, 402 (5th Cir.1993)). .
- Lopez v. Kempthorne, 684 F. Supp. 2d 827 (S.D. Tex. 2010).publishedCommission, 586 F.3d at 329-30 . 23 . " 'When a company, once informed of allegations of sexual harassment, takes prompt remedial action to protect the claimant, the company may avoid Title VII liability.' " Stewart, 586 F.3d at 329 , quot…
- Stewart v. Mississippi Transp. Comm'n, 586 F.3d 321 (5th Cir. 2009).published "When a company, once informed of allegations of sexual harassment, takes prompt remedial action to protect the claimant, the company may avoid Title VII liability." Hockman v. Westward Communications, LLC, 407 F.3d 317 , 329 (5th Cir.2004…
- Jones v. Delta Towing LLC, 512 F. Supp. 2d 479 (E.D. La. 2007).publishedInc., 9 F.3d 401, 402 (5th Cir.1993)).
- Speedway SuperAmerica, LLC v. Dupont, 933 So. 2d 75 (Fla. 5th DCA 2006).publishedHarvill v. Westward Comms., L.L.C., 433 F.3d 428, 437 (5th Cir.2005) (quoting Nash v. Electrospace Sys., Inc., 9 F.3d 401, 402 (5th Cir.1993)); Knabe v. Boury Corp., 114 F.3d 407, 412-13 (3d Cir.1997).
- Harvill v. Westward Commc'ns, L.L.C., 433 F.3d 428 (5th Cir. 2005).published“When a company, once informed of allegations of sexual harassment, takes prompt remedial action to protect the claimant, the company may avoid Title VII liability.” Nash v. Electrospace Sys., Inc., 9 F.3d 401, 402 (5th Cir.1993).
- Hockman v. Westward Comm LLC, 407 F.3d 317 (5th Cir. 2005).published“When a company, once informed of allegations of sexual harassment, takes prompt remedial action to protect the claimant, the company may avoid Title VII liability.” Nash v. Electrospace Sys., Inc., 9 F.3d 401, 402 (5th Cir. 1993). “‘Promp…
Show 2 more citing cases
- Hockman v. Westward Commc'ns, LLC, 407 F.3d 317 (5th Cir. 2004).unpublished“When a company, once informed of allegations of sexual harassment, takes prompt remedial action to protect the claimant, the company may avoid Title VII liability.” Nash v. Electrospace Sys., Inc., 9 F.3d 401, 402 (5th Cir.1993). “ ‘Promp…
- Lewis v. Waste Mgmt. of Mississippi, Inc., 148 F. Supp. 2d 726 (S.D. Miss. 2001).published As the Fifth Circuit held in Nash v. Electrospace System, Inc., 9 F.3d 401, 402 (5th Cir.1993), “when a company, once informed of allegations of sexual harassment, takes prompt remedial action to protect the claimant, the company may avoid…
At page 403 Assessing supervisory control over employment terms32 citing casesfunctions. In September 1990, she was transferred to ESI’s accounting department where she was assigned to work under the supervision of tax attorney John…
- Levier v. C B & I L L C, No. 2:19-cv-01602 (W.D. La. June 16, 2022).Nash v. Electrospace Sys., Inc., 9 F.3d 401, 403 (5th Cir. 1993) (citations omitted); see also Wallace v. Texas Tech Univ., 80 F.3d 1042, 1049 (5th Cir. 1996) (“We assume, arguendo, that if there were specific evidence of [routinely made r…
- Guadalajara v. Honeywell Int'l, Inc., 224 F. Supp. 3d 488 (W.D. Tex. 2016).published Nash v. Electrospace Sys., Inc., 9 F.3d 401, 403 (5th Cir. 1993) (internal quotation marks omitted).
- Quintana v. Fujifilm North Am. Corp., 96 F. Supp. 3d 601 (N.D. Tex. 2015).publishedHarris v. Forklift Sys., Inc., 510 U.S. 17, 21 , 114 S.Ct. 367 , 126 L.Ed.2d 295 (1993); Nash v. Electrospace Sys., Inc., 9 F.3d 401, 403 (5th Cir.1993).
- City of Houston v. Fletcher, 166 S.W.3d 479 (Tex. App.—Eastland 2005).publishedButler v. Ysleta Independent School District, 161 F.3d 263, 269 (5th Cir.1998)(citing Faragher v. City of Boca Raton, supra at 787-88, 118 S.Ct. 2275 ); Nash v. Electrospace System, Inc., 9 F.3d 401, 403-04 (5th Cir.1993).
- Walker v. SBC Servs., Inc., 375 F. Supp. 2d 524 (N.D. Tex. 2005).publishedHarris, 510 U.S. at 21 , 114 S.Ct. 367 ; Nash v. Electrospace Sys., Inc., 9 F.3d 401, 403 (5th Cir.1993).
- Young v. RR Morrison & Son, Inc., 159 F. Supp. 2d 921 (N.D. Miss. 2000).publishedSee, e.g., Carmon v. Lubrizol Corp., 17 F.3d 791, 793-95 (5th Cir.1994); Nash v. Electrospace System, Inc., 9 F.3d 401, 403-04 (5th Cir.1993). 2.
- Miller v. Rowan Companies, Inc., 55 F. Supp. 2d 568 (S.D. Miss. 1998).published See, e.g., Long v. Eastfield College, 88 F.3d 300, 309 (5th Cir.1996); Nash v. Electrospace System, Inc., 9 F.3d 401, 403 (5th Cir.1993).
- Matthews v. High Island Indep. Sch. Dist., 991 F. Supp. 840 (S.D. Tex. 1998).publishedPolice Officers Ass’n, 51 F.3d 591, 594 (5th Cir.1995); Nash v. Electrospace System, Inc., 9 F.3d 401, 403 (5th Cir.1993); Jones v. Flagship Int'l 793 F.2d 714, 719 (5th Cir.1986).
- Dupont-Lauren v. Schneider (USA), Inc., 994 F. Supp. 802 (S.D. Tex. 1998).publishedSee DeAngelis, 51 F.3d at 593 ; Nash v. Electrospace Sys., Inc., 9 F.3d 401, 403 (5th Cir.1993); Cortes, 977 F.2d at 198-99 ; Waltman, 875 F.2d at 477 ; Dornhecker v. Malibu *827 Grand Prix Corp., 828 F.2d 307 , 309 n. 3 (5th Cir.1987); Jo…
- Lenihan v. Boeing Co., 994 F. Supp. 776 (S.D. Tex. 1998).publishedSee Farpella-Crosby, 97 F.3d at 806 ; Weller, 84 F.3d at 194 ; DeAngelis, 51 F.3d at 593 ; Nash v. Electrospace Sys., Inc., 9 F.3d 401, 403 (5th Cir.1993); Cortes, 977 F.2d at 198-99 .
Show 2 more citing cases
- Gazda v. Pioneer Chlor Alkali Co., Inc., 10 F. Supp. 2d 656 (S.D. Tex. 1997).publishedPassenger Corp., 95 F.3d 396, 399 (5th Cir.1996); Waymire, 86 F.3d at 428 ; Nash v. Electrospace System, Inc., 9 F.3d 401, 403 (5th Cir.1993) (citing Jones v. Flagship Int’l, 793 F.2d 714, 720 (5th Cir.1986)).
- Sharp v. City of Houston, 960 F. Supp. 1164 (S.D. Tex. 1997).published See DeAngelis, 51 F.3d at 593 ; Nash v. Electrospace Sys., Inc., 9 F.3d 401, 403 (5th Cir.1993); Cortes v. Maxus Exploration Co., 977 F.2d 195, 198-99 (5th Cir.1992); Wattman v. International Paper Co., 875 F.2d 468, 477 (5th Cir.1989); Do…
Title VII is not a “strict liability statute for employers
- Jansen v. Packaging Corp. of Am., 123 F.3d 490 (7th Cir. 1997).published (Title VII is not a “strict liability statute for employers)
- 74 Fair empl.prac.cas. (Bna) 1138, 71 Empl. Prac. Dec. P 44,940 Alice Jansen v. Packaging Corp. of Am., Kimberly B. Ellerth v. Burlington Indus., Inc., 123 F.3d 490 (7th Cir. 1997).published (Title VII is not a "strict liability statute for employers)
At page 405 cited at this page2 citing cases
- Hare v. Paleo Data, Inc., 89 So. 3d 380 (La. Ct. App. 2012).publishedNash v. Electrospace System, Inc., 9 F.3d 401, 405 (C.A.5 1993).
- Sears v. Home Depot, USA, Inc., 943 So. 2d 1219 (La. Ct. App. 2006).publishedNash v. Electrospace System, Inc., 9 F.3d 401, 405 (5th Cir.1993). [12] This is not on its face a racial comment. [13] This is not on its face a racial comment.
At page 401 “when a company, once informed of allegations of sexual harassment, takes prompt remedial action to protect the claimant, the company may avoid title vii liability.”0 citing cases
v.
Electrospace System, Inc. and John Sharp, Individually
Summary judgment was granted for the employer in this case in which Ms. Nash, a former clerical worker for Eleetrospace System, Inc. (ESI), alleged sexual harassment and retaliation for filing an EEOC claim. [1] We affirm, because Nash’s claims of harassment, even if true, did not refute the efficacy of ESI’s procedures for responding to alleged sexual harassment. When a company, once informed of allegations of sexual harassment, takes prompt remedial action to protect the claimant, the company may avoid Title VII liability.
Nash did not respond to ESI’s motion for summary judgment, which ESI supported by excerpts from Nash’s deposition testimony and the affidavit of Margaret Schafer, director of the company’s Human Resources Department. Thus, although this court reviews summary judgment evidence in the light most favorable to the non-movant, there is no controverting evidence set forth in the record below to buttress Nash’s allegations.
Nash began working for an affiliate of ESI in mid-1989 as a computer data entry operator. Later, she transferred to ESI and began performing secretarial and research[*403] functions. In September 1990, she was transferred to ESI’s accounting department where she was assigned to work under the supervision of tax attorney John Sharp. Despite this first-line supervisory role, Sharp did not control the terms and conditions of Nash’s employment. Rather, such decisions were made by Sharp’s boss, accounting department manager C. Edwin Wilson, in conjunction with the Human Relations Department.
Nash alleged that during the fall of 1990, Sharp subjected her to a barrage of questions about her personal sex life. She acknowledges that he did not undertake any quid pro quo harassment, such as inviting her into any type of personal relationship as a condition of employment. The record contains no intimation of offensive touching. Nevertheless, Nash was offended by the intrusive sexual questions. During the same period of time, she received several sexually suggestive anonymous phone calls at her home, which she believed came from Sharp. She never pursued this charge against Sharp either directly with him or with the company, however, and after she obtained an unlisted telephone number, the calls ceased.
Nash conceded that her performance in the tax accounting department was not up to par. By January 1991, she received a memorandum from Sharp criticizing particular errors she had made. She described this memorandum as “constructive criticism.” In the meantime, she had ceased responding to Sharp’s personal questions.
After discussing her allegations against Sharp with a co-worker on Friday, February 22, 1991, Nash approached the personnel department and was immediately called for an interview by ESI’s Director of Human Resources Margaret Schafer. During the next week, Ms. Schafer’s affidavit attests, she interviewed both John Sharp and Nash’s female co-workers to investigate the allegations. Sharp denied that his conversations with Nash were anything other than voluntary and maintained that his questions were not calculated to be sexually hostile, inappropriate or intimidating. Schafer instructed Sharp not to converse with Nash during the investigation.
The following Friday, March 1, Schafer transferred Nash provisionally to another department and within days found her another permanent position as department secretary in the Data Logistics Department. This transfer had no effect on Nash’s pay rate or benefits. In fact, by the following June, Nash received a performance-based increase. In her deposition, Nash could not explain why she regarded this transfer to the Data Logistics Department as “retaliatory”. She admitted it was not an adverse employment decision. Further, after the transfer, Nash made no more complaints about sexual harassment, nor did she work anymore around John Sharp. She quit work that summer to return to college.
For summary judgment purposes, the court inquires whether there is evidence in the trial court record that creates a genuine issue of material fact regarding Nash’s allegations. See Brooks, Tarlton, Gilbert, Douglas & Kressler v. United States Fire Ins. Co., 832 F.2d 1358, 1364 (5th Cir.1987). To establish an actionable claim of sexual harassment in the work place, a plaintiff must demonstrate:
(1) That she belongs to a protected class; (2) that she was subject to unwelcome sexual harassment; (3) that the harassment was based on sex; (4) that the harassment affected a “term, condition or privilege of employment”; and (5) that the employer either knew or should have known of the harassment and failed to take prompt remedial action.
See Jones v. Flagship International, 793 F.2d 714, 719-20 (5th Cir.1986), cert. denied, 479 U.S. 1065, 107 S.Ct. 952, 93 L.Ed.2d 1001 (1987). The Supreme Court recently affirmed that sexually discriminatory verbal intimidation, ridicule and insults may be sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment that violates Title VII. Harris v. Forklift Systems, Inc., -U.S. -, -, 114 S.Ct. 367, 370-71, 126 L.Ed.2d 295 (1993) (citing Meritor Savings Bank v. Vinson, 477 U.S. 57, 65, 67,106 S.Ct. 2399, 2405, 91 L.Ed.2d 49 (1986)). The Court further determined that whether an[*404] environment is “hostile” or “abusive” can be “determined only by looking at all the circumstances ... [, such as] the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Id. at-, 114 S.Ct. at 371. Following Hams, it appears that Nash’s allegations against Sharp could, if sufficiently severe and pervasive, support a Title VII claim for subjecting Nash to a sexually abusive work environment. We take some liberty in drawing this conclusion because Nash never filed a response to ESI’s motion for summary judgment, and we assume that Nash might have shown that Sharp’s questions, if frequent and bothersome enough, might have interfered with her ability to perform her work.
Hams does not, however, support the proposition that in all such cases, an employer will be held liable for a violation of Title VII. An employer becomes liable for sexual harassment only if it knew or should have known of the harassment and failed to take prompt remedial action. See Jones, 793 F.2d at 720. As the offender in Harris was the company president, the issue of respondeat superior liability never arose. This case poses a more typical situation, in which the alleged offender, though in some ways a direct supervisor of Nash’s work, was not responsible for the terms and conditions of her employment, for her work assignment within the company, or for hiring or firing decisions. The summary judgment record does not establish that anyone within the company hierarchy was aware of Nash’s complaints against Sharp until she went to the personnel department on February 22, 1991. The record also contains no evidence that Sharp’s conduct took place in public, under the eye of co-workers or supervisors. It thus appears that the company did not know nor should it have known of Sharp’s offensive inquisitiveness about Nash until she complained to those with authority to address the problem.
For this reason, we focus on Schafer’s affidavit of the actions she took when confronted with Nash’s charges. The company is not liable under Title VII unless it failed to take prompt remedial action. Schafer immediately began an investigation of Sharp and his co-workers. She could not corroborate Nash’s allegations, because Sharp denied engaging in harassment and co-workers had not experienced offensive behavior by him. Schafer decided to transfer Nash to another department with no loss of pay or benefits. The investigation and transfer were accomplished within one week of Nash’s first complaints. Surely this decision reflected a prudent response to an unpleasant situation. The fact of Nash’s transfer represents not retaliation, but an act that insulated her from further contact with Sharp. The record suggests that the transfer was successful, because Nash got along well with her new boss and soon qualified for a raise. The company also produced a written policy against sexual harassment that had been in effect for a number of years, and Schafer’s affidavit states that information about the policy was specifically conveyed to all newly hired employees. [2]
While Harris proclaims that sexually hostile or abusive work environments are no longer to be tolerated under Title VII, that fact does not transform Title VII into a strict liability statute for employers. An employer is liable only if it knew or should have known of the employee’s offensive conduct and did not take steps to repudiate that conduct and eliminate the hostile environment. See Jones, 793 F.2d at 720. Nash produced no such evidence in this case. The uncontested evidence demonstrates a model of prompt, sensitive employer handling of these very traumatic cases.
The judgment of the district court is accordingly AFFIRMED.
. Nash sued John Sharp, the alleged perpetrator of harassment, under state law. Her claim against him was dismissed by the court when it dismissed the federal law claim against ESI. 28 U.S.C. § 1367 (Supp. II 1990).
. The availability of a formal grievance procedure at ESI should be counted strongly in ESI's favor here because Nash — per her deposition testimony — knew Sharp had no authority to terminate her.