Magazine article HRMagazine

Mistreated Employee Fails to Prove Discrimination

Magazine article HRMagazine

Mistreated Employee Fails to Prove Discrimination

Article excerpt

Rester v. Stephens Media LLC, 8th Cir., No. 12-3934.

When a supervisor loudly cursed at his employee and physically prevented her from leaving the room, the employer avoided liability for discrimination because the rude conduct was neither sexual nor severe, the 8th U.S. Circuit Court of Appeals held.

Loretta Rester, a reporter for the Hot Springs Village Voice in Hot Springs, Ark., became embroiled in a confrontation with the paper's general manager, William Elderton, during a review of errors in a special publication that was about to be issued.

According to Rester, Elderton slammed his hands on a desk and began screaming and cursing at her. Rester attempted to leave the room three times, but each time, Elderton put his hands on her and made her stay until, finally, after she began "wailing and cussing and screaming and hollering," he let her go. A few minutes later, Elderton apologized.

Rester reported the incident to the publisher and said she wanted to continue working at the Village Voice. The paper took no disciplinary action against Elderton. Three weeks after the incident, Rester resigned. …

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