Magyar v. Saint Joseph Reg’l Med. Ctr. – Summary

SEXUAL HARASSMENT – RETALIATION

Magyar v. Saint Joseph Reg’l Med. Ctr., No. 07-2197 (7th Cir. Sept. 12, 2008)

The United States Court of Appeals, Seventh Circuit reversed a district court’s grant of summary judgment in favor of a hospital in a suit brought by a former employee alleging retaliation for allegations of sexual harassment, holding that the employee adequately demonstrated that she had engaged in a statutorily protected activity and that she suffered an adverse employment action as a result.

The court found that "complaining up the chain of command" by the employee after being dissatisfied with her supervisor’s response was still statutorily protected activity because the underlying allegation remained sexual harassment. Further, there was undoubtedly an adverse employment action since the employee was restructured out of her position. Finally, the court concluded that causation was sufficiently established to survive summary judgment, considering that the timing between the final complaint and the restructuring of the employee’s position was at least nine days and at most one month apart.