Roberts v. Glenn Industries Group, Inc.

Glenn Industrial Group, Inc. (Glenn) (defendant) offered underwater inspection and repair services to utilities. All Glenn’s field employees were male. Chazz Roberts (plaintiff) worked for Glenn as a dive assistant. Roberts’s supervisor, Andrew Rhyner, continually made derogatory and sexually explicit comments, calling Roberts gay, stupid, and weak. Twice, Rhyner physically assaulted Roberts, once putting him in a chokehold and once slapping him and knocking his helmet off. Roberts complained to Rhyner’s supervisor multiple times but was told to “suck it up.” Eventually, Roberts complained to Ana Glenn, the human resources manager and wife of the company’s CEO, Richard Glenn. However, Roberts never complained directly to Richard. Rhyner was never disciplined, and his harassment continued. In March 2016, Roberts was involved in a field accident in which he suffered burns. In April 2016, Roberts appeared confused and was acting erratically while in the field. He was found in a fall-hazard area swaying, glassy-eyed, and without any required safety equipment. He was recalled to the office. Roberts claimed that Richard told him to go home for a few days but then failed to recall him to work. Richard claimed that he terminated Roberts, citing the two safety incidents. Roberts sued Glenn for sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964 (Title VII). The district court granted summary judgment in Glenn’s favor on the sexual-harassment claim, reasoning that (1) same-sex sexual harassment was actionable only in one of three Oncale situations, none of which applied, and (2) Rhyner’s physical assaults on Roberts could not constitute evidence of sex-based discrimination because they were not sexual in nature. Roberts appealed.