Recently, Partner Chris Hansen received a favorable decision from the Idaho Human Rights Commission (IHRC). The case involved the claim of a former employee against the employer for sexual harassment. The claimant asserted two possible three incidents wherein other employees used inappropriate language and one employee allegedly touched the former employee on the shoulders. The employer denied all claims, with the exception of one incident, wherein the employer admitted that one of the former co-employees made an inappropriate comment. The comment was reported to the former employee’s supervisor who promptly chastised the co-employee and advised the co-employee that any further comments or statements could result in discipline, including termination.
On the same day that the inappropriate statement was made, the former employee, left work early, and never returned. The IHRC determined that the one comment did not create a hostile work environment. Further, that the former employee’s failure to return to work, did not allow the employer sufficient time to correct the offensive conduct and to insure that such conduct was not repeated. Thus, the IHRC determined that there was “no probably cause to believe that unlawful discrimination occurred and the case was dismissed.