Seventh Circuit reverses summary judgment on sexua…
Seventh Circuit reverses summary judgment on sexual harassment affirmative defense
In Hardy v. University of Illinois, (7th Circuit May 8, 2003), Seventh Circuit found issues of material fact existed regarding whether plaintiff unreasonably failed to utilize sexual harassment complaint procedure, where employer contended her complaints were not timely.
She waited six weeks before complaining to her supervisor’s supervisor, during which time she tried to handle the harassment herself.
Lack of timeliness of complaints is often potentially useful in establishing affirmative defense to harassment claims; but this case illustrates that as with other issues of “reasonableness,” some courts will be reluctant to rule on it as a matter of law on a summary judgment motion.
