Posting of religious messages in cubicle was harmless

HR Magazine, August, 2006 by Susan G. Fentin

Powell v. Yellow Book USA Inc., 8th Cir., No. 05-2465 (April 25, 2006).

Religious messages posted in an employee's cubicle and the employee's discussion of her religious conversion did not rise to the level of religious harassment of a co-worker, the 8th U.S. Circuit Court of Appeals held.

Tammy Powell alleged that Yellow Book USA Inc. was liable for sexual and religious harassment and retaliation, as well as assault and battery. She based her claims on her treatment by Victoria Kreutz, a co-worker.

Apparently, Kreutz became "born again" after Powell moved to the next desk, and she began to discuss her religious conversion with Powell. Eventually, Powell complained to Yellow Book's manager of corporate employer relations, who met with Kreutz and told her that she was forbidden to discuss religious matters with Powell, either in person or through e-mail. Powell also complained about "religious sayings" posted at Kreutz's desk, but Yellow Book found they did not violate company policy, and the company did not make Kreutz take them down.

Powell wasn't satisfied, and she continued to complain about religious harassment. She complained to Yellow Book management eight times in the next two months. Each time, Yellow Book verified with Kreutz and Powell that no conversation or e-mails were being exchanged about religion.

When Powell continued to be distressed by the religious messages in Kreutz's cubicle, Yellow Book moved her desk. Powell eventually filed claims of religious as well as sexual harassment. Powell claimed that Kreutz propositioned her and described sexual activity and fantasies about other coworkers.

The trial court dismissed her claims, and the 8th Circuit affirmed. There was no showing that the alleged religious or sexual harassing conduct was severe or pervasive enough to alter the terms or conditions of Powell's employment. Although the "ribald nature" of Yellow Book's office might not have been good manners, it was insufficient to support a claim of sexual harassment, the court held.

As for the religious harassment claim, the appeals court concluded that Yellow Book's actions were prompt and proper, and that the employer had no legal obligation to remove religious expression merely because it annoyed one employee.

BY SUSAN G. FENTIN, AN ATTORNEY WITH THE FIRM OF SKOLER, ABBOTT & PRESSER PC IN SPRINGFIELD, MASS., AN AFFILIATE OF WORKLAW[R] NETWORK.

EDITOR'S NOTE: THESE ARTICLES SHOULD NOT BE CONSTRUED AS LEGAL ADVICE.

RELATED ARTICLE: Professional Pointer

Yellow Book's prompt attention to Powell's complaints probably saved it from trial. When an employee complains about harassment of any sort, whether sexual, religious or otherwise, the employer should investigate immediately and take whatever steps are necessary to bring the perceived harassment to a halt.

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