A woman who worked as a truck driver and had her sexual harassment and retaliation lawsuit dismissed by a lower court has been given a second chance by the 9th U.S. Circuit Court of Appeals. The appellate court ruled that the woman's claim was sufficient enough to proceed, overturning a lower court's decision of summary judgement, effectively dismissing the case.
The lawsuit centers around the months of December 2012 and January 2013, when the woman was hired by a trucking company and paired up with a fellow male trucker. The woman says she was repeatedly subjected to sexually-charged conversations with the male trucker, including innuendos and gestures that made her uncomfortable. This all culminated with an unfortunate incident where the two drivers had to share a hotel room.
During this stay, the man approached the woman with a sexual advance while naked. This led to the woman complaining to the trucking company about the man's behavior and what she was being subjected to. The man was never punished, nor was the case investigated. In fact, they removed her from her scheduled trucking loads and eventually let her go. This prompted the lawsuit.
It is amazing the lengths a company will go to in order to protect certain employees. In this particular case, it feels like the company wanted to bury its head in the sand and hope that the case would just "go away." But it didn't and this woman asserted her rights and called out an employee and a company for their shady tactics.
Source: Business Insurance, "Female trucker's hostile work environment, retaliation charges reinstated," Judy Greenwald, March 28, 2017