Ocheltree v. Scollon Productions Inc.

Lisa Ocheltree (plaintiff) was employed at Scollon Productions, Inc. (defendant) as the only woman in a production shop working with 10 or 11 men and a shop supervisor, Harold Hirsch. Several of Ocheltree’s male coworkers constantly engaged in sexual pranks and made sexual jokes and comments in her presence. For example, some of the men mimicked sexual acts on shop mannequins in front of Ocheltree, one man sang a crude sexual song to Ocheltree, men showed her a picture of pierced male genitalia and asked what she thought of it, and the men repeatedly discussed their sex lives. Hirsch was aware of the conduct and frequently joined the sexual conversations. When Ocheltree told the men their conduct was disgusting or ran from the shop, embarrassed, she often heard the men laughing. Hirsch ignored Ocheltree’s complaints. Each time Ocheltree attempted to speak to the company’s president and senior vice president, Hirsch either interfered or the higher-ups failed to reply to Ocheltree’s meeting requests. Finally, Ocheltree filed a complaint against Scollon Productions under Title VII of the Civil Rights Act of 1964, raising sex-discrimination and retaliation claims. The district court awarded summary judgment to Scollon Productions, but the United States Court of Appeals for the Fourth Circuit vacated that judgment, and the case proceeded to trial. The jury determined that Ocheltree experienced a hostile work environment and awarded both compensatory and punitive damages. Scollon Productions appealed, and a divided Fourth Circuit panel reversed the jury verdict. The Fourth Circuit then reheard the case en banc.