Royal v. CCC & R Tres Arboles, L.L.C.

For four days, Tonia Royal (plaintiff) worked as a leasing manager at an apartment complex owned by CCC & R Tres Arboles, L.L.C. (CCCR) (defendant). While she was at her desk in the small office, two maintenance men, one a former prisoner, regularly entered the office, hovered over Royal, and sniffed her. Royal objected, but the men persisted, each engaging in approximately 12 sniffing incidents over four days. One of the men also sat on a filing cabinet behind Royal, visibly aroused, legs open, and stared her down. On Royal’s third day, she complained to assistant manager Robin Granger, who told her to let the conduct slide and commented, “you know how men are like when they get out of prison.” On the morning of the fourth day, Royal’s supervisor, Asia Brazil, held a staff meeting at which Royal complained about the men’s sniffing. One man cited a medical condition, and the other stated he “needed to get a release.” In a follow-up meeting between Royal, Brazil, and Granger, Royal again complained. That afternoon, Brazil terminated Royal without providing a reason. Royal sued CCCR, asserting hostile-work-environment and retaliation claims under Title VII of the Civil Rights Act of 1964 (Title VII). The district court granted summary judgment in CCCR’s favor, reasoning that the men’s conduct was not sufficient to create a sex-based hostile work environment and that Royal’s termination could therefore not have been in retaliation for reporting such an environment. Royal appealed as to the retaliation claim.