Facts of the Case
Hugh Hardage, the plaintiff in Hardage v. CBS Broadcasting, Inc, worked as a supervisor for CBS Broadcasting in Seattle. The defendants were CBS Broadcasting and Kathy Sparks, the station’s general manager working in Tacoma. Hardage accused Sparks of sexual harassment and claimed that the company failed to take appropriate steps against Sparks. In the district court, Judge Wallace ruled that CBS Broadcasting was entitled to a plea of an affirmative defense, rendering insubstantial all accusations raised by Hardage. The judge argued that the company took prompt and reasonable steps to address the matter as stipulated in the Civil Rights Act and the Washington Law Against Discrimination (WLAD). Additionally, Hardage unreasonably failed to take advantage of the assistance provided by the company. The court held that Hardage contacted Dean, the general sales manager, who later contacted Falcone, an HR representative. The actions taken by the managers were considered prompt and reasonable in addressing the sexual harassment claims. However, Hardage did not take reasonable advantage of the assistance when he failed to disclose the specific sexual harassment incidences to his superiors. Instead of using the company’s legal structures, he decided to solve the problem anonymously.
Procedural History
The case against CBS Broadcasting and Kathy Sparks was presented to the district court, which issued the company with an affirmative defense to liability. After the ruling in the district court, the plaintiff pursued the matter to the Court of Appeal. The Court of Appeal sustained the decision of the district court and affirmed that CBS Broadcasting was entitled to an affirmative defense to liability.
Key Issues
Hardage argued that his superior, Kathy Sparks, sexually harassed him. He blamed CBS Broadcasting for not taking relevant measures to address the situation and engaging in a tangible employment action that forced him to resign. Hardage blamed the company for issuing an adverse performance memorandum instead of addressing sexual harassment concerns raised against Kathy Sparks. The court relied on two case requirements. The first requirement was to prove whether the company took timely and logical steps to address the issue. The second was meant to evaluate whether Hardage unreasonably disregarded assistance offered by the company.
Legal Holding
The court considered the steps taken by Dean and Falcone to have been rational and timely. Dean responded immediately by notifying Falcone. Falcone contacted Hardage and offered to pursue the matter, but Hardage opted to “personally solve the issues.” However, the unresponsive personality of Hardage and his request to pursue the matter anonymously proved that the plaintiff unreasonably disregarded the assistance offered by the company. Additionally, he did not disclose sexual harassment details when he reported the issue to Dean and Falcone.
Rationale
The court argued that CBS did not adopt any tangible employment action against the plaintiff. Similarly, it considered that the steps taken by Dean and Falcone were realistic and timely. Finally, it maintained that Hardage unreasonably failed to take advantage of the assistance issued by CBS. The court blamed Hardage for failing to adhere to the company’s anti-sexual harassment policy.
Judgment
The Court of Appeal affirmed the decision of the district court that had ruled that CBS Broadcasting had an affirmative defense to liability. The decision exonerated CBS Broadcasting and Kathy Sparks from any legal, corporate, and civil liability. The court did not note a connection between Hardage’s performance and sexual harassment claims. It was affirmed that the plaintiff was constructively discharged, and the company was not liable for his reinstatement.