Battisti and Newton Obtain Summary Judgment in Harassment Case

Gino Battisti, partner, and Alexa Newton, associate in the St. Louis office of Foley & Mansfield PLLP, recently obtained summary judgment for their client, a small suburban municipality outside St. Louis, in a sexual harassment/hostile work environment case filed in the Circuit Court for St. Louis County.  The plaintiff, a former employee of the City, was seeking over $1M in emotional distress and punitive damages.  Gino and Alexa successfully argued that the alleged harasser was a supervisor under Missouri's Human Rights Act, and as a result the City was able to take advantage of an affirmative defense available only when a supervisor is alleged to have harassed an employee.  The judge held that the City exercised reasonable care to prevent and correct sexually harassing behavior in general, and that the plaintiff failed to complain or take advantage of the City's corrective mechanisms in a timely manner.