May 2015 – Marsh Obtains Summary Judgment in Client’s Sexual Harassment Case

John Marsh recently obtained summary judgment on behalf of an employer client in a case involving claims of sexual harassment under Title VII and state court claims of negligence and wantonness. The plaintiff sought to hold her employer vicariously liable for alleged sexual harassment by her former supervisor. Following removal of the case to federal court, summary judgment was granted in favor of Marsh’s client as to all federal claims under Title VII. The state court claims were remanded back to the Circuit Court of Montgomery County. Following oral argument, the state court claims were also dismissed via summary judgment. The undisputed evidence showed that the actions of the former supervisor were not in furtherance of the employer’s business and that the employer, upon receiving notice of the conduct, had taken immediate action to stop the alleged harassment.