An employee whose co-worker repeatedly touched her over several months was not subjected to sexual harassment when the behavior was not severe or pervasive, according to the 8th U.S. Circuit Court of Appeals. Moreover, even if the conduct was objectively severe or pervasive, the plaintiff resigned soon after informing her employer of the offending behavior, depriving it of the chance to address the issue.
The plaintiff worked for Whirlpool, making refrigerators. She once saw a co-worker touch another employee, which she found to be “kind of creepy.” Shortly thereafter, the co-worker started touching the plaintiff on a regular basis.