The Tennessee Court of Appeals has upheld the dismissal of a sexual harassment lawsuit brought by Patricia Bazemore against her former employer, Performance Food Group.
Ms. Bazemore claimed that, while she and a supervisor were working for PFG, she was subjected to a pattern of unwanted sexual harassment by him – conduct that she alleges created a hostile work environment in violation of the Tennessee Human Rights Act (THRA).
The ruling says, "As a result of the unwanted sexual harassment, Ms. Bazemore also alleged constructive discharge, intentional infliction of emotional distress, negligent infliction of emotional distress, and negligent supervision and retention.
"PFG subsequently filed a motion for summary judgment, contending that no genuine issue of material fact exists in support of Ms. Bazemore’s claims against PFG as an entity."
The trial court ultimately granted PFG’s motion for summary judgment after finding
(1) no evidence of a hostile work environment;
(2) facts indicating that PFG took reasonable steps to prevent sexual harassment from occurring;
(3) proof that PFG’s response to Ms. Bazemore’s complaint was objectively reasonable;
(4) insufficient evidence to support the claims of either intentional or negligent infliction of emotional distress; and
(5) no proof of negligent retention and supervision by PFG. We affirm.