Ray v. International Paper Co., No. 17-2241 (4th Cir. 2018)Annotate this Case
IPC hired Ray in 2002. McDowell was Ray’s supervisor. In 2013, Ray was transferred to the shipping department where she reported to Owens and to McDowell when Owens was not present. In 2003, McDowell started acting inappropriately toward Ray, including asking Ray to engage in sexual activity with him. On one occasion, McDowell grabbed Ray’s thigh. In 2013, Ray reported McDowell’s behavior to Owens and to supervisor, Smith. Both offered to report Ray’s allegations. Ray declined out of fear of retaliation, but frequently called Owens requesting to leave work because of McDowell’s conduct. Under IPC’s policy, when a supervisor is notified of potential harassment, the supervisor is required to report that allegation. Neither supervisor formally reported any of Ray’s complaints. In 2014, McDowell learned that Ray had complained and confronted Ray, who denied making any complaints. Around the same time, McDowell informed Ray that she could no longer perform voluntary overtime work, which represented a significant portion of her income. Other operators still were allowed to work voluntary overtime. Ray reported McDowell’s conduct to IPC’s human resources department. Investigators obtained evidence of the harassment from other employees and concluded that McDowell was lying but IPC did not discipline McDowell. Ray complained about McDowell twice more; IPC did not discipline McDowell, but instructed him to stop “manually adjust[ing] the line.” Ray sued, alleging hostile work environment and retaliation, 42 U.S.C. 2000e. The Fourth Circuit vacated summary judgment that had been entered in favor of IPC, finding genuine issues of material fact on both claims.