Kengerski v. Harper, No. 20-1307 (3d Cir. 2021)Annotate this Case
Kengerski, a Captain at the Allegheny County Jail, made a written complaint to the jail Warden alleging that a colleague had called his biracial grand-niece a “monkey” and then sent him a series of text messages with racially offensive comments about his coworkers. Seven months later, Kengerski was fired. He contends the firing was retaliation for reporting his colleague’s behavior and sued t under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-3(a). The district court granted the defendant summary judgment, holding that Kengerski, who is white, could not maintain a claim for Title VII retaliation.
The Third Circuit vacated. Title VII protects all employees from retaliation when they reasonably believe that behavior at their work violates the statute and they make a good-faith complaint. Harassment against an employee because he associates with a person of another race, such as a family member, may violate Title VII by creating a hostile work environment. A reasonable person could believe that the Allegheny County Jail was a hostile work environment for Kengerski. Kengerski may not ultimately succeed on his retaliation claim or even survive summary judgment on remand. The county claims that it fired him for an unrelated reason that is unquestionably serious: mishandling a sexual harassment claim.