Moffett v. Gene B. Glick Co., Inc.

621 F. Supp. 244 · District Court, N.D. Indiana · 1985

Facts

Plaintiff Susan K. Moffett, a white female rental manager, was subjected to severe racial and sexual harassment by co-workers due to her interracial relationship with a black man. Despite her repeated complaints, the defendant company's management failed to take effective remedial action, instead tolerating the harassment and blaming Partin. Her job performance declined due to the stress, and she was terminated shortly after filing a discrimination charge, with the company citing performance deficiencies.

Issue

Can an employer be held liable under Title VII and § 1981 for racial and sexual harassment by co-workers, and for retaliatory termination, when the employer knew of the harassment, failed to take adequate remedial action, and terminated the employee for pretextual reasons after she filed a discrimination charge?

Holding

Yes, the court found the employer liable under Title VII and § 1981 for both harassment and retaliatory termination. The employer's responses to the harassment were inadequate, demonstrating toleration, and the stated reasons for termination were pretextual, indicating a retaliatory motive.

Rule

An employer is liable for harassment if the employee belongs to a protected group, was subjected to unwelcome harassment based on race/sex that affected employment terms, and the employer knew or should have known but failed to take prompt remedial action, provided the employee acted reasonably. For retaliation, an employer is liable if the employee participated in a protected activity, suffered an adverse employment action, and there was a 'but for' causal connection between the two, with the employer's articulated reasons being pretextual.

Read the full opinion on CourtListener

Case brief last reviewed 2026-02-06. Prepared by CaseReader from the published opinion.