Opinion
No. ED91175
March 24, 2009
Appeal from the Circuit Court of St. Louis County 05CC-002696 Honorable Steven H. Goldman.
Jerome J. Dobson and Jonathan C. Berns, Appellant Attorneys.
Gino F. Battisti, Lise Alexa Newton and Patrick R. Gunn, Respondent Attorneys.
OPINION SUMMARY
Lori Herndon ("Employee") appeals the trial court's grant of summary judgment in favor of the City of Manchester ("Employer") on Employee's claims that Employer violated the Missouri Human Rights Act based on incidents of sexual harassment and sexual discrimination perpetrated by her relief supervisor, Sergeant Willie Epps. She argues that summary judgment is improper because Employer failed to demonstrate that it took reasonable steps to prevent any sexually harassing behavior as a matter of law.
REVERSED AND REMANDED.
Division One holds:
Employer failed to demonstrate that it is entitled to summary judgment as a matter of law because genuine issues of material fact exist as to whether it exercised reasonable care to prevent any sexually harassing behavior.
Kurt S. Odenwald, P.J. Patricia L. Cohen, J., concur.
THIS SUMMARY IS NOT PART OF THE OPINION OF THE COURT. IT HAS BEEN PREPARED FOR THE CONVENIENCE OF THE READER AND SHOULD NOT BE QUOTED OR CITED.