Several complain to her boss about the inappropriate behavior. The company investigates and ultimately fires her for violating its harassment policy.
The HR supervisor then sues for sex discrimination, claiming that the company did not fire a male employee who engaged in similar misconduct. Specifically, she claims that he had once asked her "if the carpet matched the drapes" (which she advised the company during its investigation).
The district court dismissed her sex discrimination claim because, among other reasons, she failed to show that the male counterpart "engaged in conduct of 'comparable seriousness.'"
The HR supervisor then sues for sex discrimination, claiming that the company did not fire a male employee who engaged in similar misconduct. Specifically, she claims that he had once asked her "if the carpet matched the drapes" (which she advised the company during its investigation).
The district court dismissed her sex discrimination claim because, among other reasons, she failed to show that the male counterpart "engaged in conduct of 'comparable seriousness.'"
"The Court finds that Mr. Soos' alleged comment about Ms. Troyer's genitalia, although crude, is not comparable to the many instances of inappropriate behavior of Ms. Troyer.… It is undisputed that multiple employees reported … that Ms. Troyer made repeated, sexualized comments at The Roosevelt bar…. Multiple employees reported that Ms. Troyer's language was inappropriate or made them feel uncomfortable. Several employees also reported that working relationships had been compromised or that the HR team had no credibility due to Ms. Troyer's behavior. Ms. Troyer presented no evidence that Mr. Soos' isolated, single comment made her, or any other employee, feel uncomfortable or that it impacted working relationships."
The court was also clearly troubled by her position within the company: "Ms. Troyer was an HR supervisor … who conducted workplace investigations, supervised two employees, and was responsible for advising employees on [the] harassment policy." In other words, "She should have known better." Reason enough to dismiss her lawsuit, in this employment lawyer's opinion.