Lauderdale v. Texas Department of Criminal Justice

Debra Lauderdale (plaintiff) was sexually harassed by her ultimate supervisor, Rodrick Arthur, while employed at the Department of Criminal Justice (the department) (defendant). Arthur called Lauderdale multiple times per day to ask her out and confess his love. On one occasion, Arthur inappropriately touched Lauderdale’s lower back and stomach. On the day that Lauderdale first experienced Arthur’s calls, she informed her immediate supervisor. Lauderdale’s immediate supervisor suggested that she speak to the warden. Lauderdale did not pursue the suggestion. In December 2004, Lauderdale resigned and informed the assistant warden of Arthur’s harassment. The department conducted an immediate investigation. The department determined that Arthur was guilty of inappropriate sexual conduct and disciplined him accordingly. Lauderdale also filed a Title VII claim in federal district court against the department on the ground that Arthur’s sexual harassment had created a hostile work environment. However, Lauderdale conceded no tangible employment action had been taken against her and that she had only reported the harassment on one occasion. In response to Lauderdale’s claim, the department asserted an affirmative defense. The department claimed that it had enacted several safety measures and procedures to prevent sexual harassment, including establishing reporting mechanisms and investigation procedures, and that Lauderdale had failed to take advantage of such measures. The district court found that Lauderdale had failed to show that Arthur’s sexual harassment created a hostile work environment and granted the department summary judgment. The matter was appealed.