Unformatted text preview: to Frederick v. Sprint/United Management Co., 246 F.3d 1305 (11th
Cir.2001). Much like Eckerd, Sprint promulgated three different versions of its sexual
harassment policy, each of which permitted the employee to report harassment to
different persons. The Eleventh Circuit held that a question of fact existed as to whether
Sprint had an effective sexual harassment policy that would meet the first prong of
Faragher. Similarly, it is for the jury to determine which version of the policy was the one
that Natson should have followed.
Secondly, under the two policies promulgated to the employees through the handbook
and break room poster, the evidence taken in the light most favorable to Natson shows
that she reported the incidents to an appropriate person. Eckerd admitted in its joint
pretrial stipulation that Woods was a supervisor. Nicolas was Natson's immediate
supervisor, and Howard Young was Nicolas's supervisor. It is within the jury's province
to infer that Natson reported the harassment to Woods instead of Young, because as a
woman she felt more comfortable reporting to Woods. As a supervisor, Woods could also
be classified as "management." Therefore, there was evidence presented that negated the
second prong of the Faragher affirmative defense. Eckerd's own policy, published
through the break room poster, required Woods, not Natson, to report the matter to
Human Resources. See Breda, 222 F.3d at 890 (stating that employee who follows the
clear and published policy of reporting harassment to the appropriate person need not be
concerned with whether he or she pursued the complaint far enough up the company
ladder; reporting to an appropriate person is sufficient notice to company).
Eckerd maintains that Natson expressly failed to avail herself of the opportunity to
complain because one evening at work when Howard Young, Natson's supervisor, asked
her how she was doing, she responded, "Pretty okay" and did not reveal to him anything
about the harassment. It likens her response to the facts of Scrivner v. Socorro
Independent School District, 169 F.3d...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08