Debord v. Mercy Health System of Kansas, et al, No. 12-3072 (10th Cir. 2013)
Annotate this CasePetitioner Sara Debord filed suit against her employer, Mercy Health Services of Kansas, for sexual harassment and retaliation in violation of Title VII. Petitioner claimed Mercy knew or should have known that her supervisor created a hostile workplace through unwanted touching and offensive sexual remarks. She also claimed that Mercy did not do enough to prevent sexual harassment in the workplace, and that, when she finally reported the harassment, Mercy retaliated by firing her. After reviewing the evidence at summary judgment, the district court concluded there was no triable issue of material fact. The Tenth Circuit, after its review of the matter, agreed with the district court: the record did not disclose that Mercy knew or should have known about petitioner's allegations of a hostile workplace, and she did not provide a reasonable explanation for the nearly five years she waited to first report the harassment. Nor was there a genuine dispute about whether Mercy honestly held legitimate reasons for terminating Debord based on its conclusion that she was dishonest and disruptive during Mercy's investigation of allegations about her supervisor's conduct and claims she improperly received extra pay.
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