Dawson v. County of Westchester.

• Position: Sexual harassment suit - Brief Article

U.S. District Court

SEXUAL HARASSMENT

HOSTILE WORK ENVIRONMENT

Dawson v. County of Westchester, 351 F.Supp.2d 176 (S.D.N.Y. 2004). Female correctional officers brought an action against a county and personnel of a county department of corrections, alleging hostile work environment claims and state law claims. The district court granted summary judgment for the defendants in part, and denied it in part. The court held that summary judgment was precluded by a genuine issue of material fact as to whether the county defendants' response to the officers' allegations of a hostile work environment was reasonable and prompt. The court found that a sergeant was the female officers' supervisor for purposes of holding the county vicariously liable for the sergeant's actions which created a hostile work environment, even though the sergeant had no authority to hire, fire, transfer or take other tangible employment actions against the officers. The court noted that the sergeant was next in the chain of command, the officers reported to him, and he had the power to...