Paschall v. Tube Processing Corp, No. 21-1853 (7th Cir. 2022)
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Paschall and Ragland worked as machine operators. During their employment, they experienced what they believed to be instances of sexual and racial harassment. A year after their employment ended, Paschall and Ragland sued their former employer. Paschall alleged that she was subjected to a hostile work environment based on her sex (Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-1-17), and based on her race, (Title VII and 42 U.S.C. 1981). Ragland alleged that he was subjected to a hostile work environment based on his race.
The Seventh Circuit affirmed summary judgment in favor of the employer. Paschall and Ragland did not produce sufficient evidence from which a reasonable fact-finder could conclude that they satisfied all the elements of their claims. When a coworker is a harasser, the employer is liable only when the employee shows that the employer was negligent either in discovering or remedying the harassment. Here, the employer was not negligent in discovering or remedying the alleged harassment.
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