Jenny Burnett v. Tyco Corp. & Grinnell Corp., 203 F.3d 980 (6th Cir. 2000). · Go Syfert
Jenny Burnett v. Tyco Corp. & Grinnell Corp., 203 F.3d 980 (6th Cir. 2000). Cases Citing This Book View Copy Cite
218 citation events (203 in the last 25 years) across 25 distinct courts.
Strongest positive: Williams v. Memphis Light Gas & Water (tnwd, 2023-06-08) · Strongest negative: Wanchik v. Great Lakes Health Plan, Inc. (ca6, 2001-03-02)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited "but see" Wanchik v. Great Lakes Health Plan, Inc.
6th Cir. · 2001 · signal: but see · confidence high
But see Burnett v. Tyco Corp. 203 F.3d 980, 981 (6th Cir.2000) (only considering allegations of harassment that were directed to and with knowledge of plaintiff).
examined Cited as authority (verbatim quote) Williams v. Memphis Light Gas & Water
W.D. Tenn. · 2023 · quote attribution · 1 verbatim quote · confidence high
a single battery coupled with two merely offensive remarks over a six-month period does not create an issue of material fact as to whether the conduct alleged was sufficiently severe to create a hostile work environment
examined Cited as authority (verbatim quote) Glover v. Fiat Chrysler Automobiles US, LLC
N.D. Ohio · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
under the totality of the circumstances, a single battery coupled with two merely offensive remarks over a six-month period does not create an issue of material fact as to whether the conduct alleged was sufficiently severe to create a hostile work environment.
examined Cited as authority (verbatim quote) THOMAS v. EAST PENN MANUFACTURING CO.
M.D.N.C. · 2020 · quote attribution · 1 verbatim quote · confidence high
under the totality of the circumstances, a single battery coupled with two merely offensive remarks over a six-month period does not create an issue of material fact as to whether the conduct alleged was sufficiently severe to create a hostile work environment.
discussed Cited as authority (verbatim quote) Michele Rafferty v. Trumbull Cty., Ohio
6th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
a violation of title vii is established if 'discrimination based on sex has created a hostile or abusive work environment.
discussed Cited as authority (verbatim quote) Michele Rafferty v. Trumbull Cty., Ohio
6th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
a violation of title vii is established if 'discrimination based on sex has created a hostile or abusive work environment.
cited Cited as authority (rule) Greta Deans v. Thermo Fisher Scientific, Inc.
W.D. Tenn. · 2026 · confidence medium
Dist. v. Breeden, 532 U.S. 268 , 270–71 (2001); Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000)).
discussed Cited as authority (rule) Josian Marrero-Valentín v. Puerto Rico CVS Pharmacy LLC; ET AL.
D.P.R. · 2026 · confidence medium
Co., 457 Fed.Appx. 374 , 381 n. 32 (5th Cir. 2012)(noting that because there was no evidence that plaintiff was aware of the remarks made behind her back, those remarks could not have contributed to a hostile work environment); Cottrill v. MFA, Inc., 443 F.3d 629, 636 (8th Cir. 2006)(given that plaintiff was not aware of peeping, she may not rely on it to establish that her work environment was hostile); Brooks v. City of San Mateo, 229 F.3d 917, 924 (9th Cir. 2000)(harassment directed toward others of which plaintiff was unaware can have no bearing on whether she reasonably considered her wor…
discussed Cited as authority (rule) Teresa Thornton v. SFC Global Supply Chain, Inc.
E.D. Ky. · 2026 · confidence medium
Servs., Inc., 612 F. App’x 291, 298 (6th Cir. 2015) (affirming summary judgment for inappropriate comments, one gesture, and one instance of harasser exposing her breasts); Burnett v. Tyco Corp., 203 F.3d 980, 981 (6th Cir. 2000) (affirming summary judgment when male manager placed a pack of cigarettes inside female plaintiff’s tank top and bra strap and made several lewd jokes, including telling plaintiff she had “lost [her] cherry”), reh’g en banc denied (2000); Clark, 400 F.3d at 344–45 (affirming summary judgment when harassment occurring over the course of two and a half years…
discussed Cited as authority (rule) Angela Rodriguez v. DTE Energy and DTE Energy Corporate Services LLC
E.D. Mich. · 2026 · confidence medium
In Burnett v. Tyco Corp., on different occasions, a male manager placed a pack of cigarettes inside a female employee’s tank top and brassiere strap, referred to the employee losing her “cherry,” and sang her a sexualized Christmas carol. 203 F.3d 980, 981 (6th Cir. 2000).
cited Cited as authority (rule) Lorna Vinsant v. WNB Group, LLC
6th Cir. · 2026 · confidence medium
Burnett v. Tyco Corp., 203 F.3d 980, 981 (6th Cir. 2000) (quotation omitted). -4- No. 25-3228, Vinsant v. WNB Grp.
discussed Cited as authority (rule) Pamela Dale, Clifton Dale, and Landon Walker v. Cerberus Security LLC
W.D. Mich. · 2025 · confidence medium
CSX, 643 F.3d at 513 ; see also Clay, 501 F.3d at 707–08 (fifteen incidents over two years did not create hostile work environment because most were “mere offensive utterances”); Black, 104 F.3d at 826 (frequent sexist comments did not create hostile work environment because they were not sufficiently severe or pervasive); Burnett v. Tyco Corp., 203 F.3d 980, 985 (6th Cir. 2000) (three sexist incidents over six months did not constitute hostile work environment).
cited Cited as authority (rule) Morris v. AutoZoners, LLC
W.D. Tenn. · 2025 · confidence medium
Dist. v. Breeden, 532 U.S. 268 , 270–71 (2001); Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000)).
discussed Cited as authority (rule) Chapp v. 202 Lake Street Partners, LLC
W.D. Mich. · 2025 · confidence medium
Ohio 2017) (denying motion to dismiss hostile work environment claim based on an incident of aggravated sexual assault upon a minor), with Bowman v. Shawnee State Univ., 220 F.3d 456, 459, 464 (6th Cir. 2000) (dismissing hostile work environment claim where the plaintiff alleged that his supervisor had rubbed his shoulder on one occasion and “grabbed his buttocks” on another, finding that these events, even considered in conjunction with a handful of sexually suggestive comments by the supervisor, were not sufficiently severe or pervasive to create a hostile work environment), and Burnett …
discussed Cited as authority (rule) Sky Schelle v. City of Piqua, Ohio (2×)
6th Cir. · 2025 · confidence medium
We do not hold one way or another on whether Krenjy’s comments were based on Kiser’s sex—something that was not raised by the parties below or discussed at the district court—but proceed to the Title VII retaliation claim merely assuming Krenjy’s comments were based on Kiser’s sex. -7- No. 24-3980, Schelle v. City of Piqua, et al. 532 U.S. 268 , 270–71 (2001) (internal quotation marks and citations omitted); Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000).
discussed Cited as authority (rule) Buntura v. Ford Motor Company
N.D. Ohio · 2024 · confidence medium
Title VII is not “a general civility code for the American workplace.” Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000) (quoting Oncale v. Sundowner Offshore Servs., Inc, 523 U.S.75, 80 (1998)).
discussed Cited as authority (rule) Ford v. Memphis-Shelby County Schools
W.D. Tenn. · 2024 · confidence medium
See Nathan v. Great Lakes Water Auth., 992 F.3d 557 , 568–70 (6th Cir. 2021) (holding that five clear instances of sexual harassment involving plaintiff’s breasts and appearance over fifteen months were not enough); Burnett v. Tyco Corp., 203 F.3d 980, 985 (6th Cir. 2000) (holding that a “single battery coupled with two merely offensive remarks over a six- month period” were not enough); Clay v. United Parcel Serv., Inc., 501 F.3d 695, 708, 715 (6th Cir. 2007) (holding that fifteen offensive utterances over two years were not severe or pervasive enough); Morris v. Oldham Cnty.
cited Cited as authority (rule) KELLAR v. THE YUNION, INC.
E.D. Mich. · 2024 · confidence medium
Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000).
discussed Cited as authority (rule) Ashmore v. Ohio Department of Transportation
S.D. Ohio · 2023 · confidence medium
As to whether Ashmore was subject to unwelcome harassment based on sex (i.e., Waldo prongs two and three): “[t]he critical issue . . . is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.” Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000) (citing Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 80 (1998)); see also Williams, 187 F.3d at 565 (6th Cir. 1999) (“Any unequal treatment of an employee that would not occur but for the employee's gender may, if sufficiently severe or pervasi…
discussed Cited as authority (rule) Jobe v. General Motors, LLC
N.D. Ohio · 2023 · confidence medium
Inc., 47 F.3d 1168, at *3 (6th Cir. 1995) (unpublished table decision) (concluding “the single incident of [defendant] calling plaintiff or another female a slut on one occasion is insufficient evidence from which a jury might infer the existence of a sexually hostile work environment.”); Burnett v. Tyco Corp., 203 F.3d 980, 985 (6th Cir. 2000) (holding that “under the totality of the circumstances, a single battery coupled with two merely offensive remarks over a six-month period does not create an issue of material fact . . .”); Williams v. CSX Transp.
discussed Cited as authority (rule) Roundtree v. AVI Foodsystems, Inc.
E.D. Ky. · 2023 · confidence medium
(See Doc. 25-1 at 21; Doc. 28 at 8) (citing Clark, 400 F.3d at 351 ; Bowman, 220 F.3d at 459 ; Burnett v. Tyco Corp., 203 F.3d 980, 985 (6th Cir. 2000); Stacy v. Shoney’s, Inc., No. 97-5393, 1998 WL 165139 , at *1–3 (6th Cir. 1998)).
discussed Cited as authority (rule) Pianko v. General R.V. Center, Inc.
E.D. Mich. · 2023 · confidence medium
One way for a plaintiff to show that her employer has violated this provision is for her to prove that “‘discrimination based on sex has created a hostile or abusive work environment.’” Hawkins v. Anheuser- Busch, Inc., 517 F.3d 321, 332 (6th Cir. 2008) (quoting Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000)). “[T]o establish a prima facie hostile-work- environment claim, [the plaintiff] must show: ‘(1) she was a member of a protected class; (2) she was subjected to unwelcomed harassment; (3) the harassment was based on sex[]; (4) the harassment created a hostile work env…
discussed Cited as authority (rule) Brown v. Madison District Public Schools
E.D. Mich. · 2023 · confidence medium
See, e.g., Smith v. Leggett Wire Co., 220 F.3d 752, 760-61 (6th Cir. 2000); Burnett v. Tyco Corp., 203 F.3d 980, 984-85 (6th Cir.), cert. denied, 531 U.S. 928 , 121 S.Ct. 307 , 148 L.Ed.2d 246 (2000).
discussed Cited as authority (rule) Singleton v. McDonald
N.D. Ohio · 2022 · confidence medium
Title VII, however, is not “a general civility code for the American workplace.” Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000) (quoting Oncale v. Sundowner Offshore Services, Inc., 533 U.S.75, 80 (1998)).
discussed Cited as authority (rule) McNutt v. Ross Education, LLC
E.D. Ky. · 2022 · confidence medium
In Burnett v. Tyco Corp., the Sixth Circuit held that “three alleged instances” of conduct against the plaintiff “spread out at the beginning and at the end of a six-month period are not commonplace, ongoing, or continuing, and therefore are less pervasive” than required to show a hostile work environment claim. 203 F.3d 980, 984 (6th Cir. 2000).
discussed Cited as authority (rule) Doss v. Corrections
E.D. Mich. · 2022 · confidence medium
See Clark v. United Parcel Serv., Inc., 400 F.3d 341, 351 (6th Cir. 2005) (finding that three relatively isolated incidents over a period of approximately two and a half years were not pervasive enough to alter the conditions of employment and create an abusive situation); Burnett, 203 F.3d at 984 (finding that three alleged incidents of sexual harassment over six months did not create a genuine issue of material fact as to whether the conduct constituted hostile work environment sexual harassment). b.
discussed Cited as authority (rule) Scharp v. Van Buren Public Schools
E.D. Mich. · 2022 · confidence medium
Another case illustrating this principle is Nathan v. Great Lakes Water Auth., in which a plaintiff raised five incidents of harassment over a fifteen-month period, mostly regarding comments about plaintiff’s breasts made during uniform inspections, but no one “ever physically threatened [plaintiff] or placed their hands on her.” 992 F.3d 557, 569 (6th Cir. 2021) but see Burnett v. Tyco Corp., 203 F.3d 980, 981 (6th Cir. 2000) (affirming summary judgment for an employer where a harassing coworker slid a pack of cigarettes under the plaintiff’s bra strap and made crude comments/sexual p…
discussed Cited as authority (rule) Local 894 Laborers' International Union of North America v. Kenny/Obayashi V
N.D. Ohio · 2022 · confidence medium
Appx. 421, 432 (6th Cir. 2014) (holding that plaintiff could not establish conduct severe or pervasive enough for a hostile work environment even though plaintiff, over several years or employment, (1) “received a ‘threaten[ing]’ email and a ‘hostile’ phone call from [his supervisor];” (2) believed his supervisor “created a noose from a telephone cord when [plaintiff] was nearby but unable to see [his supervisor]'s gesture;” (3) “heard colleagues use racial slurs in the workplace;” (4) “was excluded from lunches with colleagues and treated in a cold manner by his managers…
discussed Cited as authority (rule) Bar v. Kalitta Charters II, LLC
E.D. Mich. · 2021 · confidence medium
Harris, 510 U.S. at 21 ; see also Clark v. United Parcel Serv., Inc., 400 F.3d 341, 351 (6th Cir. 2005) (finding that three relatively isolated incidents over a period of approximately two 16 and a half years, including vulgar jokes, supervisor placing his vibrating pager on manager’s thigh, and supervisor pulling at her overalls after she told him she was wearing a thong, were not pervasive enough to alter the conditions of employment and create an abusive situation); Valentine-Johnson v. Roche, 386 F.3d 800, 814 (6th Cir. 2004) (conduct involving one incident of unwanted touching and one c…
discussed Cited as authority (rule) Taylor v. City of East Cleveland (2×)
N.D. Ohio · 2021 · confidence medium
In Burnett v. Tyco Corp., we found that a female employee was not subjected to a hostile work environment when over a six-month period her male manager placed a pack of cigarettes inside her tank top and bra strap, and made several lewd jokes, including telling the employee she had “lost [her] cherry.” 203 F.3d 980, 981 (6th Cir. 2000).
discussed Cited as authority (rule) Matthews v. Detroit Public Schools
E.D. Mich. · 2021 · confidence medium
Express Corp., 530 F.3d 451, 456 (6th Cir. 2008) (determining that a genuine issue of material fact existed on severity or pervasiveness where the supervisor’s “continuous preoccupation with sex talk and persistent unwelcome advances”— consisting of 20 incidents over two years that were often targeted at plaintiff—“were degrading, offensive, increasingly intimidating and inexcusable”), and Abeita v. TransAmerica Mailings, Inc., 159 F.3d 246, 252 (6th Cir. 1998) (holding that the plaintiff presented enough evidence to indicate that sexual comments were sufficiently pervasive and s…
discussed Cited as authority (rule) Ruiz-Fane v. Tharp
N.D. Ohio · 2021 · confidence medium
See Mast v. IMCO Recycling of Ohio, Inc., 58 F. App’x 116, 120-21 (6th Cir. 2003) (incident in which supervisor grabbed plaintiff by the chest and pushed her into a file cabinet, combined with an offensive remark several months before, is not severe or pervasive); Burnett v. Tyco Corp., 203 F.3d 980, 984 (6th Cir. 2000) (a battery and two offensive remarks over a six-month period of time is not severe or pervasive).
cited Cited as authority (rule) louisville/jefferson County Metro Government v. Jill Hume
Ky. Ct. App. · 2021 · confidence medium
See Bowman, 220 F.3d at 464 ; Burnett v. Tyco Corp., 203 F.3d 980, 983-84 (6th Cir. 2000).
cited Cited as authority (rule) Taylor v. University Hospitals of Cleveland Inc. OH.
N.D. Ohio · 2021 · confidence medium
See Oncale v. Sundowner Offshore Services, Inc, 533 U.S.75, 80 (1998); Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000).
discussed Cited as authority (rule) Nitza Scarbro v. SSA
6th Cir. · 2021 · confidence medium
In Burnett v. Tyco Corp., we found that a female employee was not subjected to a hostile work environment when over a six-month period her male manager placed a pack of cigarettes inside her tank top and bra strap, and made several lewd jokes, including telling the employee she had “lost [her] cherry.” 203 F.3d 980, 981 (6th Cir. 2000).
discussed Cited as authority (rule) James v. Quanta Services, Inc. (2×) also: Cited "see"
E.D. Mich. · 2020 · confidence medium
Burnett v. Tyco Corp., 203 F.3d 980, 983 (6th Cir. 2000) (noting that an important factor is whether the comments were directed at the plaintiff).
discussed Cited as authority (rule) Scarbro v. Social Security Administration
M.D. Tenn. · 2020 · confidence medium
Fiscal Court, 201 F.3d 784 (6th Cir. 2000) (no objectively hostile work environment where the plaintiff’s supervisor told several dirty jokes in her presence, made one verbal sexual advance towards her during her evaluation, once referred to her as “Hot Lips,” and made isolated comments about her state of dress); Burnett v. Tyco Corp., 203 F.3d 980, 985 (6th Cir.2000) (concluding that “a single battery coupled with two merely offensive remarks over a six-month period does not create an issue of material fact as to whether the conduct alleged was sufficiently severe to create a hostile …
discussed Cited as authority (rule) Booker v. Coca-Cola Bottling Co. Consolidated
N.D. Ohio · 2020 · confidence medium
Title VII is not “‘a general civility code for the American workplace.’” Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000) (quoting Oncale v. Sundowner Offshore Servs., Inc, 523 U.S.75, 80, 118 S. Ct. 998 , 140 L.
discussed Cited as authority (rule) Petty v. Circle K Stores Incorporated
D. Ariz. · 2020 · confidence medium
Corp. v. Morgan, 536 U.S. 101 (2002) (affirming grant of 19 summary judgment to employer, even though the plaintiff’s supervisor “deliberately 20 touched [the plaintiff’s] breasts with some papers that he was holding in his hand,” because 21 such evidence was not “sufficient to support a finding that she was subjected to abuse of 22 sufficient severity or pervasiveness”); Burnett v. Tyco Corp., 203 F.3d 980, 984-85 (6th 23 Cir. 2000) (affirming grant of summary judgment to employer, even though “there was 24 physical contact” by the supervisor during the underlying incident, be…
discussed Cited as authority (rule) Wellington v. Lake Hospital System, Inc.
N.D. Ohio · 2020 · confidence medium
See, e.g., Abeita v. TransAmerica Mailings, Inc., 159 F.3d 246 , 249 n.4 (6th Cir. 1998); Burnett v. Tyco Corp., 203 F.3d 980, 981 (6th Cir. 2000); Hawkins v. Anheuser-Busch, Inc., 517 F.3d 321, 336 (6th Cir.2008); Barrett v. Whirlpool Corp., 556 F.3d 502, 515 (6th Cir. 2009); Armstrong v. Whirlpool Corp., 363 F. App’x 317, 328 (6th Cir. 2010).
discussed Cited as authority (rule) Kirkland v. Duke
D.D.C. · 2019 · confidence medium
“Conduct that a plaintiff did not know about, therefore, cannot be used to establish that they were subjected to a hostile work environment.” Hutchinson v. Holder, 815 F. Supp. 2d 303, 321 (D.D.C. 2011) (citing Weger v. City of Ladue, 500 F.3d 710, 736 (8th Cir. 2007); Burnett v. Tyco Corp., 203 F.3d 980, 981 (6th Cir. 2000); Hirase-Doi v. U.S. W.
discussed Cited as authority (rule) Wilson v. Ford Motor Company
N.D. Ohio · 2019 · confidence medium
Neither Title VII nor the ADA is “a general civility code for the American workplace.” Burnett v. Tyco Corp., 203 F.3d 980, 982 (6th Cir. 2000) (quoting Oncale v. Sundowner Offshore Services, Inc., 523 U.S.75, 80 (1998)) (Title VID; Rorrer v. City of Stow, 743 F.3d 1025 , 1046 47 (6th Cir. 2014) (ADA).
discussed Cited as authority (rule) Johnson v. CC Metals & Alloys, LLC (2×) also: Cited "see, e.g."
W.D. Ky. · 2019 · confidence medium
However, in Burnett v. Tyco Corp., the Sixth Circuit affirmed a summary judgment in favor of an employer after finding that “a single battery coupled with two merely offensive remarks over a six-month period does not create an issue of material fact as to whether the conduct alleged was sufficiently severe to create a hostile work environment.” Burnett v. Tyco Corp., 203 F.3d 980, 985 (6th Cir. 2000) (Plaintiff’s supervisor placed a pack of cigarettes inside the plaintiff’s shirt and beneath her bra strap; stated that the plaintiff had “lost her cherry,” and that he was aroused by …
discussed Cited as authority (rule) Matthew Perkins v. International Paper Company
4th Cir. · 2019 · confidence medium
Corp., 939 F.2d 157 , 161 (4th Cir. 1991) (concluding “[o]ur review of the record reveals no evidence which establishes that the alleged racially hostile environment had any effect on John White.”). 17 976, 978 (7th Cir. 2000); Burnett v. Tyco Corp., 203 F.3d 980, 981 (6th Cir. 2000); Hirase– Doi v. U.S. W.
discussed Cited as authority (rule) Benefield v. MStreet Entertainment, LLC
M.D. Tenn. · 2016 · confidence medium
See, e.g., Clay v. United Parcel Serv., Inc., 501 F.3d 695, 707-08 (6th Cir.2007) (“fifteen specific incidents spanning a two-year period,” were “isolated” and “not pervasive”); Burnett v. Tyco Corp., 203 F.3d 980, 984-85 (6th Cir.2000) (three sexually offensive remarks made by.the supervisor in a six-month period did not constitute pervasive discriminatory conduct); Morris v. Oldham Cty.
discussed Cited as authority (rule) Marotta v. Ford Motor Co.
E.D. Mich. · 2015 · confidence medium
Appx. 496 (6th Cir.2001), and Burnett v. Tyco Corp., 203 F.3d 980, 985 (6th Cir. 2000), did not involve situations where there was an alleged ongoing element of physical invasion in addition to sexual comments.
discussed Cited as authority (rule) Clemmons v. Academy for Educational Development, Inc.
D.D.C. · 2015 · confidence medium
Univ. at Carbondale, 233 F.3d 1036, 1046 (7th Cir.2000) (“Mean-spirited or derogatory behavior of which a plaintiff is unaware, and thus never experiences, is not ‘harassment’ of the plaintiff (severe, pervasive, or other).”); Burnett v. Tyco Corp., 203 F.3d 980, 981 (6th Cir.2000) (explaining that hostile actions of which plaintiff is unaware are not relevant to hostile work environment claim); Dudley v. WMATA, 924 F.Supp.2d 141, 168 (D.D.C.2013) (same); Hutchinson v. Holder, 815 F.Supp.2d 303, 321 (D.D.C.2011) (same).
discussed Cited as authority (rule) Ruby Blackmon v. Eaton Corporation
6th Cir. · 2014 · confidence medium
The harassment in this case continued for a longer period of time than the offensive conduct in Burnett v. Tyco Corp., 203 F.3d 980, 983 (6th Cir.2000), and Black v. Zaring Homes, Inc., 104 F.3d 822, 824 (6th Cir.1997).
discussed Cited as authority (rule) Robert Adams v. Austal, USA, LLC
11th Cir. · 2014 · confidence medium
Cottrill was not aware of the peeping [tom], ... [so] Cottrill may not rely on the peeping to establish that her work environment was hostile.”); Pryor v. Seyfarth, Shaw, Fairweather & Geraldson, 212 F.3d 976, 978 (7th Cir.2000) (“Insofar as Woodford harassed other employees, and did so without (so far as appears) [plaintiffs] knowledge, it could not have altered her conditions of employment, and so she could not complain about that harassment under Title VII.”); Burnett v. Tyco Corp., 203 F.3d 980, 981 (6th Cir.2000) (holding that evidence that the plaintiffs coworkers experienced haras…
discussed Cited as authority (rule) Reed v. Procter & Gamble Manufacturing Co.
6th Cir. · 2014 · confidence medium
Cf. Williams, 643 F.3d at 512-13 ; Burnett v. Tyco Corp., 203 F.3d 980, 981, 985 (6th Cir.2000) (three offensive incidents, one involving touching and two involving explicit comments, found insufficient to establish hostile work environment on the basis of sex); E.E.O.C. v. Northwest Airlines, Inc., 188 F.3d 695, 702 (6th Cir.1999) (repeated incidents involving “presence of nooses and Ku Klux Klan symbols in the workplace” found sufficient to warrant “general in-junctive relief’ pursuant to consent decree *434 prohibiting employer from engaging in or allowing racial harassment of emplo…
Retrieving the full opinion text from the archive…
Jenny BURNETT, Plaintiff-Appellant,
v.
TYCO CORPORATION and Grinnell Corporation, Defendants-Appellees
98-6477.
Court of Appeals for the Sixth Circuit.
Mar 24, 2000.
203 F.3d 980
Justin S. Gilbert (argued and briefed), The Gilbert Firm, Jackson, Tennessee, for Appellant., Michael G. McLaren (argued and briefed), Memphis, Tennessee, Cheryl Ru-mage Estes (briefed), Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, Tennessee, for Appellees.
Martin, Suhrheinrich, Siler.
Cited by 144 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

Appeal from the United States District Court for the Western District of Tennessee at Jackson; No. 96-01132--James D. Todd, District Judge.

Justin S. Gilbert, THE GILBERT FIRM, Jackson, Tennessee, for Appellant.

Michael G. McLaren, Memphis, Tennessee, Cheryl Rumage Estes, THOMASON, HENDRIX, HARVEY, JOHNSON & MITCHELL, Memphis, Tennessee, for Appellees.

Before: MARTIN, Chief Judge; SUHRHEINRICH and SILER, Circuit Judges.

SILER, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. MARTIN, C. J. (pp. 985-86), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

Lead Opinion

[*981] SILER, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. MARTIN, C.J. (pp. 985-86), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

Plaintiff Jenny Burnett sued defendants Tyco Corporation and Grinnell Corporation (“Grinnell”) under Title VII, 42 U.S.C. § 2000e et seq., alleging that certain sexual statements and other conduct were sufficiently severe or pervasive to constitute a hostile working environment. The district court granted summary judgment to defendants. We affirm the grant of summary judgment because the allegations do not create a genuine issue of material fact as to whether the conduct was sufficiently severe or pervasive to support a finding of a hostile working environment.

I. BACKGROUND

Burnett was an employee of Grinnell[1] for over nineteen years, during which time she alleges that she was sexually harassed. Burnett points to three specific instances in which Jim Phillips, personnel manager for Grinnell, engaged in offensive conduct. Burnett also submits complaints from other female Grinnell employees indicating that they have been offended by Phillips’s inappropriate behavior.

The first instance of alleged harassment occurred sometime in July 1994 at a meeting of Grinnell’s packing department. Burnett stated that Phillips entered the room and began telling a story about a woman he had recently seen. While telling this story, he allegedly placed a pack of cigarettes containing a lighter inside Burnett’s tank top and brassiere strap. Burnett stated that she was stunned, shocked, and exposed. However, she also testified that Phillips pulled the strap up just enough to insert the cigarette pack and that the resulting exposure was no greater than it would have been had she merely leaned over while wearing the tank top.

The second alleged incident occurred some two weeks later at another departmental meeting. On this occasion, Burnett was coughing and Phillips allegedly gave her a cough drop while stating, “Since you have lost your cherry, here’s one to replace the one you lost.”

The third incident allegedly occurred on December 29, 1994. Burnett was wearing a Christmas sweater that read “Deck the Malls.” As Phillips walked by Burnett, he allegedly stated to her “Dick the malls, dick the malls, I almost got aroused.”

Finally, other allegations of harassing behavior by Phillips are presented in two affidavits of fellow Grinnell employees. In the first affidavit, a fellow female employee stated that based on her personal knowledge of how women were treated by men at Grinnell she felt like “Grinnell [was] more like a whorehouse than a plant.” Additionally, a second affidavit included a form filled out by a female employee that was placed in Grinnell’s suggestion box. The suggestion form alleges that “[p]ractically all of the women down here has had a filthy remark from this man — Jim Phillips — including myself.” Under Abeita v. TransAmerica Mailings, Inc., 159 F.3d 246 (6th Cir.1998), “this evidence is irrelevant at this stage to plaintiffs hostile environment ... [claim] because there is no evidence that plaintiff was aware of these actions at the time.” Id. at 249 n. 4. Thus, we will address, only the three allegations of Phillips’s behavior directed to, and with the knowledge of, Burnett.

Following the third instance of alleged harassment, Burnett filed a complaint with the Equal Employment Opportunity Commission (“EEOC”). Grinnell alleges that it investigated the charges contained in the EEOC complaint, but could not substanti[*982] ate them. No relief was granted by the EEOC, leading Burnett to institute this action. Grinnell moved for summary judgment, which was granted on the basis that Burnett failed to show that there were material facts in dispute regarding whether the conduct complained of was sufficiently severe or pervasive to create a working environment that a reasonable person would find hostile or abusive.

II. DISCUSSION

A. Standard of Review

This court reviews de novo a district court’s grant of summary judgment. See Smith v. Ameritech, 129 F.3d 857, 863 (6th Cir.1997). Summary judgment is appropriate only when there is no genuine issue of material fact in dispute and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c). In reviewing a motion for summary judgment, the court must view the evidence and draw all reasonable inferences in favor of the non-moving party. See Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). “Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is ‘no genuine issue for trial.’ ” Id. (quoting First National Bank of Ariz. v. Cities Service Co., 391 U.S. 253, 289, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968)).

B. Hostile Work Environment.

Title VII of the Civil Rights Act of 1964 prohibits discrimination by an employer “against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s ... sex[.]” 42 U.S.C. § 2000e-2(a)(1). In Meritor Savings Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986), the Supreme Court held “that a plaintiff may establish a violation of Title VII by proving that discrimination based on sex has created a hostile or abusive work environment.” Id. at 66, 106 S.Ct. 2399. The Court further explained that “not all workplace conduct that may be described as ‘harassment’ affects a ‘term, condition, or privilege’ of employment within the meaning of Title VII.” Id. at 67, 106 S.Ct. 2399 (citing Rogers v. EEOC, 454 F.2d 234, 238 (5th Cir.1971)). Finally, Meritor established that “[f]or sexual harassment to be actionable, it must be sufficiently severe or pervasive ‘to alter the conditions of [the victim’s] employment and create an abusive working environment.’ ” Id. (quoting Henson v. City of Dundee, 682 F.2d 897, 904 (11th Cir.1982)).

The hostile or abusive environment standard has been both affirmed and elaborated upon by the Court on several occasions. See Faragher v. City of Boca Raton, 524 U.S. 775, 787-88, 118 S.Ct. 2275, 2283, 141 L.Ed.2d 662 (1998); Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 753-54, 118 S.Ct. 2257, 2265, 141 L.Ed.2d 633 (1998); Oncale v. Sundowner Offshore Serv., Inc., 523 U.S. 75, 118 S.Ct. 998, 1001, 140 L.Ed.2d 201 (1998); Harris v. Forklift Systems, Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). Importantly, in Harris, the Court noted that the Meritor standard “takes a middle path between making actionable any conduct that is merely offensive and requiring the conduct to cause a tangible psychological injury.” Harris, 510 U.S. at 21, 114 S.Ct. 367. Thus, Title VII is not “a general civility code for the American workplace.” Oncale, 523 U.S. at 80, 118 S.Ct. at 1002. “ ‘The critical issue ... is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.’ ” Id. (quoting Harris, 510 U.S. at 25, 114 S.Ct. 367 (Ginsburg, J., concurring)).

Several circumstances are to be considered in determining whether an environment is “hostile” or “abusive,” which “may include 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.” Harris, 510 U.S.[*983] at 23, 114 S.Ct. 367. The use of the term “may” reiterates the Court’s insistence that this is a non-exhaustive list of possible circumstances to consider. Thus, the issue “can be determined only by looking at all the circumstances.” Id.; see also Williams v. General Motors Corp., 187 F.3d 553, 562 (6th Cir.1999) (stating that “it is well-established that the court must consider the totality of circumstances.”).

C. Analysis

Burnett’s sole contention is that the district court erred in finding that no genuine issue of material fact exists as to whether there was-an objectively hostile work environment at Grinnell. Grinnell responds that Burnett has not shown that Phillips’s conduct was sufficiently severe or pervasive to create an objectively hostile work environment and that there has been no showing that a condition of Burnett’s work environment has been affected. The three most recent hostile environment cases emanating from this Circuit show that there is no genuine issue of material fact in this matter.

In Black v. Zaring Homes, Inc., 104 F.3d 822 (6th Cir.), cert. denied, 522 U.S. 865, 118 S.Ct. 172, 139 L.Ed.2d 114 (1997), this court reversed a jury verdict which found that Black was subjected to a hostile work environment while she was an employee of Zaring Homes. Black alleged that she was subjected to various discriminatory comments made at bi-weekly meetings from July to October in 1993. First, at a July meeting, as a manager reached for a pastry he stated, “Nothing I like more in the morning than sticky buns.” Id. at 823. The manager allegedly looked at Black in a suggestive manner while making this comment. See id. At the next meeting in August, participants joked that a parcel of land located next to a Hooters Restaurant should be named “Hootersville,” “Titsville,” or “Twin Peaks.” These jokes allegedly continued at several of the bi-weekly meetings. See id.

Also in August, while discussing her job performance and bonus structure with her immediate supervisor, Black was told that she “was paid great money for a woman.” Id. at 824. At a September meeting, Black allegedly felt uncomfortable when jokes were made about her pronunciation of the name “Busam,” which was apparently pronounced “bosom.” See id. Finally, at two meetings in October, Black was asked by the president of the defendant corporation, “Say, weren’t you there [at a biker bar] Saturday night dancing on the 'tables,” and was referred to as a “broad.” See id.

Although these alleged incidents took place fairly consistently over a period of four months, this court held that defendant was entitled to judgment as a matter of law under the Harris test because under the totality of the circumstances the comments were merely offensive and were therefore insufficient to support the jury’s verdict. See id. at 826. The court deemed important the fact that “most of the comments were not directed at plaintiff[.]” Id. Unlike the regularly occurring conduct in Black, Burnett here alleges that the acts giving rise to a hostile work environment occurred at the beginning and at the end of a six month period. Thus, the allegations in the instant appeal are less pervasive than those in Black. Additionally, the two comments alleged to have been made by Phillips were no more severe than the statements made in Black. The fact that the statements were directed at Burnett neither removes their innocuous nature under Title VII nor cures their infrequency-

Burnett principally relies upon Abeita, in which a panel of this court reversed a summary judgment granted to Trans-America on a hostile environment claim. In Abeita, the plaintiff alleged discriminatory conduct in the form of several offensive comments made over a period of seven years. Only one of the statements was specifically directed at plaintiff Abeita. The statement was made by the president of TransAmerica who asked Abeita, “oh yellow dress and yellow shoes, yellow un[*984] derwear too?” Abeita, 159 F.3d at 248. The other alleged incidents concerned the president’s sexual interest in other women, including a model he hired for a photo session in order to meet her, and various other comments that “were not sexual in nature but arguably reflect degrading gender stereotyping.” Id. The district court granted summary judgment to Trans-America, holding that the several offensive comments over a period of seven years did not present any evidence stronger than that addressed in Black. See id. at 252.

This court reversed, holding that the “District Court’s analysis omits the plaintiffs claim that Katz’s sexual comments were ‘commonplace,’ ‘ongoing,’ and ‘continuing.’ This omission is critical because ... [the statements] appear to be of approximately equal severity to those found in Black.” Id. at 252. In the instant case, Burnett does not allege that Phillips’s conduct was commonplace, ongoing, or continuing. Indeed, three alleged instances spread out at the beginning and at the end of a six-month period are not commonplace, ongoing, or continuing, and are therefore less pervasive than the discriminatory conduct in Abeita.

The severity of the incidents is most properly evaluated in light of the recent Williams decision. In Williams, there were fifteen separate allegations of sexual harassment over a period of one year that were alleged to have created a hostile working environment. The allegations included derogatory and profane remarks directed at the plaintiff, sexually explicit comments directed at plaintiff, offensive comments directed at women in general, denial of plaintiffs overtime, and the exclusion of plaintiff from certain workplace areas. See Williams, 187 F.3d at 559. The district court granted summary judgment to General Motors on the grounds that the alleged incidents, though offensive, were not severe or pervasive enough to constitute a hostile work environment. See id. at 560.

This court reversed, holding that the district court failed to evaluate the allegations by considering the totality of the circumstances and erred by concluding that alleged conduct must be explicitly sexual in order to have created a hostile work environment. See id. at 561-62. The latter portion of this holding is immaterial to this appeal because all the conduct at issue was sexual in nature. The most relevant circumstance noted in Williams was that three of the alleged incidents “were not merely crude, offensive, and humiliating, but also contained an element of physical invasion.” Id. at 563. This court held that “Williams’s allegations, taken as a whole, raise a question whether Williams was subjected to more than ‘genuine but innocuous differences in the ways men and women routinely interact,’ and therefore summary judgment was inappropriate.” Id. at 564 (citation omitted).

The Harris standard requires that the conduct be sufficiently severe or pervasive to alter the conditions of the plaintiffs employment and thereby create a hostile or abusive working environment. In the instance case, Burnett’s three allegations occurring at the beginning and end of a six-month period are clearly not as pervasive as the fifteen incidents which occurred in Williams over a year-long period, or the various remarks made over the course of seven years in Abeita. Indeed, though it was clearly offensive, Phillips’s behavior cannot be said to be even as pervasive as the several remarks made regularly over a four-month period in Black which were insufficient to support the jury’s verdict therein. Thus, the occurrence of the three allegations over the six-month period does not give rise to a genuine issue of material fact as to whether the conduct was sufficiently pervasive to create a hostile work environment.

However, the cigarette pack incident was more severe than any of the conduct alleged in Black, Abeita, or even Williams because there was physical contact. Given Williams’s emphasis upon an “element of physical invasion,” this incident is fairly severe and perhaps even constitutes a bat[*985] tery. However, under the totality of the circumstances, a single battery coupled with two merely offensive remarks over a six-month period does not create an issue of material fact as to whether the conduct alleged was sufficiently severe to create a hostile work environment.

AFFIRMED.

1

Tyco International (US) Inc. is the parent company of Grinnell Corporation. Grinnell, as used herein, refers to both defendants.

Dissent

BOYCE F. MARTIN, JR., Chief Judge,

dissenting.

In Harris v. Forklift Systems, Inc., 510 U.S. 17, 22, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993), the Supreme Court acknowledged that determining whether a work environment is objectively hostile or abusive is not a “mathematically precise test.” Because this imprecise test requires careful consideration of the aggregate effect of the offensive factual incidents endured by Jenny Burnett, rather than simply a tallying of the occurrences, I must respectfully dissent.

In Meritor Savings Bank v. Vinson, 477 U.S. 57, 67, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986), the Court defined hostile work environment sexual harassment: “For sexual harassment to be actionable, it must be sufficiently severe or pervasive to alter the conditions of [the victim’s] employment and create an abusive working environment.” In Harris, the Court provided a nonexclusive list of factors for identifying a hostile work environment: “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably é interferes with an employee’s work performance.” Harris, 510 U.S. at 23, 114 S.Ct. 367.

The majority fails to acknowledge the impact of our Court’s recent decision in Williams v. General Motors Corporation, 187 F.3d 553 (6th Cir.1999). In Williams, we reversed the district court’s grant of summary judgment in favor of the defendant. The plaintiff alleged multiple acts creating a hostile work environment: foul language, sexual comments directed at plaintiff, at least one incident of physical contact, perceived inequities of treatment, and pranks or annoying conduct' by coworkers. See id. at 559, 562. We held the district court erred in its dismissal of these incidents as “ ‘infrequent, not severe, not threatening or humiliating, but merely offensive.’ ” Id. at 563. We found the district court failed to consider the totality of the circumstances and thereby “robbed the incidents of their cumulative effect.” Id. at 561. We noted that a Title VII violation may exist even when no single episode of sexual harassment would be sufficient to create a hostile environment. See id. at 564. We stressed that the totality of the circumstances approach is the “most basic tenet” of the hostile work environment cause of action. Id. at 564. More specifically, we found that incidents with an “element of physical invasion” were “not merely crude, offensive, and humiliating.” Id.

Under Meritor Savings Bank, 477 U.S. at 67, 106 S.Ct. 2399, and Harris, 510 U.S. at 21, 114 S.Ct. 367, sexual harassment is actionable under Title VII if the alleged conduct is sufficiently severe or pervasive. It need not be both. Burnett does not base her claim on the pervasive nature of Phillips’s conduct, by alleging that Phillips’s conduct was ongoing or continual. Rather, she asks this Court to examine whether the aggregate severity of Phillips’s conduct was sufficient to create a hostile work environment. The district court and the majority have failed to examine Burnett’s evidence of a hostile work environment under the totality of the circumstances approach. Both have broken out the individual incidents and determined that none alone was adequately “severe” to create a hostile work environment. The majority creates a scorecard, finding one act to be severe and two to be innocuous. While I do not fully agree with their conclusions, I object more strongly to their method of computation. The majority concludes that these numbers are insufficient to create an issue of material fact as to whether the conduct was sufficiently severe to create a hostile work environment. In doing so, the majority fails to[*986] examine the aggregate effect of the incidents. See Williams, 187 F.3d at 564.

The district court found that Phillips’s act of reaching inside Burnett’s blouse and placing a cigarette pack under her bra strap was merely inappropriate. The majority properly acknowledges this error and concedes that this physical contact was a battery. The severity of Phillips’s act is enhanced because this was unwelcome physical contact of a very personal form. Reaching inside someone else’s clothing, especially someone’s undergarments, cannot be considered merely inappropriate. As we noted in Williams, 182 F.3d at 563, this “element of physical invasion” exceeds conduct that is “merely crude, offensive, and humiliating.” I cannot overlook the severity of this physical contact.

Furthermore, the district court labeled both of Phillips’s comments to Burnett as “mere offensive utterance[s].” Phillips’s statement, “Since you have lost your cherry, here’s one to replace the one you lost,” was more than merely offensive. Unlike most of the comments found to be of inadequate severity in Black and Abeita, this comment was made directly to Burnett. As well, the comment was an explicit reference to a private body part, her hymen. I cannot agree with the majority’s dismissal of this comment as innocuous. Such a blatantly sexual comment addressed directly to Burnett by her supervisor in the presence of other employees exceeded the excusable realm of crude and adolescent behavior.

Although the number of incidents alleged by Burnett-she presents three incidents of inappropriate conduct-is less than those alleged in Black, Abeita, or Williams, this should not be determinative. When viewed under the totality of the circumstances approach, the severe nature of these incidents distinguishes the present case. At a minimum, these facts create a genuine of issue of material fact as to whether the work environment was objectively hostile. Therefore, I respectfully dissent.