Sex Discrimination - Office Romance
This is our second post in a row that examines a decision from the United States Court of Appeals for the 8th Circuit --- this time arising out of a case from Iowa --- involving explicitly sexual conduct in the workplace. The case is Tenge v. Phillips Modern Ag Co,, decided April 28, 2006. It presents a somewhat unusual claim by the "other woman" that her boss and object of her desires violated her rights by firing her when his wife objected to her continued employment.
The plaintiff Maelynn Tenge started with the defendant Phillips Modern Ag Co., as a clerical employee. Over the years she worked her way up to a position of responsibility and became a key employee. Scott Phillips was the President of the company, and his wife Lori Phillips worked there, too.
There was no evidence that Tenge and Scott Phillips were having an affair. However, there was plenty of evidence of mutual attraction, including consensual touching. And Tenge admitted to authoring a series of explicit love notes to Scott and leaving them where they could be read by others. When Lori found out, her reaction was predictable. She told Scott to choose between her and the kids on the one hand, or Tenge on the other. Scott chose his family and Tenge was fired.
Tenge sued for gender discrimination in violation of Title VII. Affirming the trial court, the 8th Circuit rejected her contention that she was fired because of her sex. The court held that defendants' decision to fire her
does not amount to discrimination on the basis of the employee's status as a man or a woman; rather, it is based on the employee's own actions and therefore is permissible under Title VII. The ultimate basis for Tenge's dismissal was not her sex, it was Scott's desire to allay his wife's concerns over Tenge's admitted sexual behavior with him.
The court was careful to distinguish this case from quid pro quo sexual harassment, where the supervisor's conduct is not welcomed, and from situations where there is demonstrated widespread favoritism for one gender or the other.