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Download NowWhat happened. Nancy Rennard lodged her first formal complaint with
Woodworker's Supply on December 1. The next day the company hired an outside
attorney to investigate her charges. He interviewed only the two male employees
Rennard had implicated, one of whom admitted to the direct harassment she had
described. Both denied putting anything in Rennard's coat pockets.
Meanwhile, Rennard had read and signed the company's sexual harassment
policy. It stated not only that harassment would not be tolerated, but also
that anyone experiencing such behavior must report it to the CEO in writing
within a week. Engaging in harassing behavior and failing to report it promptly
were both offenses punishable by discipline or termination, the policy said.
The offending male employee was given a 2-day suspension without pay, while
Rennard received a written reprimand for failing to report the earlier incidents,
and her supervisor noted at length on her performance evaluation that she had
become a "high-maintenance employee" who talked too much about the
harassment and the investigation.
Having failed to win a restraining order against the co-worker in state court,
she quit, filing charges with the state fair employment office and in federal
court. The state office found two other women at the company who had been harassed
by the same man. It also turned out that management knew of still another complaint
lodged against him before Rennard's report. Eventually, he was terminated.
Then a district court ruled for the employer, and Rennard appealed to the 10th
Circuit, which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.
What the court said. Appellate judges agreed with the lower court on
all points: Woodworker's Supply's investigation was prompt and "adequate";
the harassment was not so severe as to force Rennard to resign; and neither
her written reprimand nor the negative comments on her review was an adverse
employment action. Again, all her charges were dismissed. Rennard v. Woodworker's
Supply, U.S. Court of Appeals for the 10th Circuit, No. 03-8031 (6/9/04).
Point to remember. So this man harassed four different women before
he was fired? We don't think many other appellate judges would agree with
this decision and that this employer should consider itself extremely fortunate.