Hnin v. TOA (USA), LLC, No. 13-3658 (7th Cir. 2014)
Annotate this CaseIn 2007 Hnin, from the country of Myanmar, began working at TOA’s metal stamping plant. All TOA associates, including Hnin, receive a handbook with a statement that TOA normally employs progressive discipline and attempts to provide notice of deficiencies and an opportunity to improve, but that some infractions warrant probation or dismissal without prior warning, including violations of TOA’s sexual harassment policy. In 2010, Brock began working at TOA, about 22 feet from Hnin’s work station. A month later Brock reported that Hnin had been harassing her for some time, that she had asked Hnin to stop several times, and that the harassment involved a co-worker, Miller. Hnin made body gestures and kissing noises, suggesting that Miller and Brock were together. Brock also stated that Hnin instructed co-workers to slow down so they could work more overtime and acted in an intimidating manner. She identified several witnesses. During an explanation of the investigation, Hnin became aggravated and spoke in an elevated tone. He denied any wrongdoing and asked that the witnesses be brought in so he could confront them. He was told that this request was not in line with TOA’s procedures. TOA terminated his employment. Hnin filed suit under Title VII of the Civil Rights Act, 42 U.S.C. 2000, and state law. The district court granted TOA summary judgment. The Seventh Circuit affirmed, rejecting national origin discrimination and Title VII retaliation claims.
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