Jefferson County Jury Issues Defense Verdict in Sexual Harassment and Retaliation

A supervisor in the Jefferson County Clerk's Office alleged she experienced sexual harassment from a subordinate, which included offensive remarks, groping, and the subordinate sleeping in her office with romantic intent. The plaintiff reported the conduct to the County Clerk, but claimed no action was taken. Shortly after making her complaints, the plaintiff was fired, with the county clerk citing performance problems, specifically an inability to prepare reports, as the reason. The plaintiff subsequently filed a lawsuit, alleging a sexually hostile work environment and retaliatory termination.

A trial court initially dismissed the case, concluding the alleged harassment was not sufficiently severe or pervasive as a matter of law. The Kentucky Court of Appeals later reversed this decision, finding the plaintiff had presented a prima facie case for both sexual harassment and retaliation claims, and remanded the case for trial. At trial, the subordinate denied the harassment occurred. The defense argued that any alleged harassment was not severe or pervasive enough to be legally actionable and contended the plaintiff did not complain about the subordinate until after her termination, asserting she was fired for performance issues, not in retaliation.

The jury returned a verdict in favor of the defense, rejecting both the hostile work environment and retaliatory termination claims. The jury specifically found the plaintiff failed to prove the harassment was severe and pervasive and that her termination was not a result of her complaints. A judgment was entered for the defense. The plaintiff moved for a new trial, citing a subpoenaed witness from the clerk's office failed to appear. The court denied the motion, noting the plaintiff possessed the witness's deposition and chose not to use it at trial. The plaintiff subsequently appealed the judgment.