Excel Corporation v. Bosley

In 1990, Kristine Bosley (plaintiff) was a line worker on the kill floor of a meat-packing plant owned by Excel Corporation (Excel) (defendant). Excel also employed Johnson, Bosley’s husband, as a floater who worked at various stations when employees were absent. In 1993, Bosley and Johnson separated, but both continued to work for Excel. Johnson began to harass Bosley, calling her a bitch, slut, and whore. Johnson threatened to kill Bosley’s new husband, Jeff Bosley. Bosley reported Johnson’s conduct and her fear of Johnson to Excel management. Excel asked Bosley and Johnson to keep their problems at home. During one incident, Johnson threw meat at Bosley, which violated the work rules. On May 4, 1994, Bosley took personal time off due to the stress of working with Johnson. Bosley returned on May 9, and Johnson continued to verbally harass her. Bosley asked to leave her workstation twice, and her supervisor twice denied her. In response to Johnson’s harassment, Bosley pushed Johnson on the chest and told him to get out of her way. Excel placed Bosley on an indefinite suspension for pushing Johnson because physical contact between employees violated the work rules. Later, Bosley pushed past a supervisor to enter a room and the incident was reported as Bosley hitting the supervisor. On May 16, 1994, Excel fired Bosley for the events on May 9. However, Excel did not sanction Johnson at all. Bosley sued Excel, alleging a hostile work environment and sex-based disparate treatment in violation of Title VII of the Civil Rights Act of 1964. The district court denied Excel’s attempt to introduce evidence of Bosley and Johnson’s sexual relationship during the time of the alleged harassment. A jury found for Bosley on her hostile-work-environment claim and for Excel on Bosley’s sex-based disparate-treatment claim. Excel appealed, arguing that the district court erroneously ruled that evidence of Bosley and Johnson’s sexual relationship was inadmissible under Federal Rule of Evidence (FRE) 412.