Neb. high court sets new rules on harassment

OMAHA, Neb. — The Nebraska Supreme Court's ruling Friday in a sexual harassment case was believed to be its first on hostile work environments and intolerable job conditions.

The ruling outlined the criteria for determining when harassment creates a hostile work environment and when working conditions force an employee to quit.

Now, Jamie Gavin's lawsuit against her former employer, Rogers Technical Services in Friend, Neb., has been revived.

Gavin said in her lawsuit she quit her job after three weeks in 2005 because her boss, company president William Keith Rogers, repeatedly made sexual comments that made her uncomfortable.

The Supreme Court ruled that a Lancaster County district court judge was wrong to throw out Gavin's lawsuit because a jury should decide whether Rogers' actions created a hostile work environment.

Gavin's attorney, Kathleen Neary of Lincoln, said she believed it was the first Nebraska ruling on sexual harassment and hostile work environments. She said it appears the Supreme Court granted Nebraska workers greater protection in state court than what is offered in federal court.

"This is a very, very good case for Nebraska employees," Neary said.

The company's attorney, Sean Brennan, did not immediately respond to a message left Friday.

In its ruling, the high court described several of the instances that Gavin objected to during the time she worked for Rogers.

Gavin regularly started her day at Rogers' apartment in Lincoln before commuting with him to the company plant in Friend.

Gavin testified that Rogers routinely made inappropriate sexual comments such as "Nobody is hornier than he is," and on one occasion Gavin found her boss viewing a picture of a scantily clad woman on a computer in his apartment while he was partially undressed.

Gavin testified that she told Rogers at least twice that his sexual comments made her uncomfortable.

Unless there is a settlement, Gavin's case will be sent back to Lancaster County District Court for a trial.

The high court endorsed criteria that federal appeals courts have outlined in past decisions to define hostile work environments and intolerable working conditions. That includes a five-point test for determining whether a hostile work environment exists.

On the Net

* Nebraska Supreme Court: supremecourt.ne.gov