When a female employee is subjected to derogatory comments about her breasts, could a reasonable jury find that those remarks were unlawfully based on her gender? The 6th U.S. Circuit Court of Appeals concluded that the answer to this question could be “yes,” but ruled for the employer in this case because the harassment was deemed not severe or pervasive.
The plaintiff began working for the company as a security guard in 2004. According to the plaintiff, her supervisors and co-workers commented on “her weight, the size of her breasts, her looks and body odor.”
