EEOC v. New Breed Logistics

The plaintiff-appellant, the Equal Employment Opportunity Commission, initiated sexual harassment and retaliation claims under Title VII against New Breed Logistics, the defendant, on behalf of three employees. The plaintiff alleged that Calhoun, a supervisor at New Breed sexually harassed three female employees and then retaliated against the women after they complained. The plaintiff further alleged that Calhoun retaliated against a male employee who verbally objected to Calhoun’s harassment of the women. The evidence presented to the district court that showed that each woman communicated her intent to complain about Calhoun’s sexual harassment shortly after which all three women were fired or transferred. One of the women lodged a complaint through the company’s complaint line but the company asked Calhoun five questions about his conduct and determined there was no misconduct. A jury found the defendant liable under Title VII for Calhoun’s sexual harassment and retaliation, and the district court denied the defendant’s post-trial motions for a new trial and judgment as a matter of law. The district court determined that complaints to management and informal protests were protected activities under Title VII. Therefore, the three employees’ demand that Calhoun stop harassing them were considered protected activity under Title VII, and retaliation constituted a violation of Title VII. The defendant appealed, challenging the district court’s denial of its post-trial motions. The Second Circuit affirmed the district court’s decisions, finding that sufficient evidence supported the district court’s rulings and that the district court did not abuse its discretion when providing instructions to the jury.