In March of 2013, the Court of Appeals of Kentucky decided a case that involved a woman who had filed a sexual harassment case under the Kentucky Civil Rights Act (KCRA). (See Suiter v. Logan County Regional Detention Center, 2013 WL 780390 (Ky. App. 2013)). The lower court had issued summary judgment in favor of the defendant and the plaintiff in this Kentucky sexual harassment case appealed it to this court. This court for the following reasons affirmed in part, reversed in part and remanded the case back down to the trial court.
On June 14, 2004, the plaintiff was hired as a deputy jailer by the Defendants. About four years later, in August of 2008, the plaintiff complained that a male co-worker has subjected her to repeated sexual harassment. Plaintiff claimed that he made inappropriate sexual comments, couched the inside of her leg, grabbed and kissed her, made sexual innuendos, and requested her to commit sexual acts. Id. The defendants undertook an investigation of plaintiff’s Kentucky sexual harassment claims and after the investigation was completed came to the conclusion that the allegations of sexual harassment could not be substantiated. Id.
The plaintiff’s Kentucky sexual harassment attorney filed the lawsuit after and as to one of the defendants, listed him in his individual capacity. The court granted summary judgment and stated that the individual defendant was shielded form liability in his individual capacity by the doctrine of qualified official immunity. Id.