Supreme Court
Fossil Group v. Harris
- Case number: 23-0376
- Legal category: Employment Law
- Subtype: Sexual Harassment
- Set for oral argument: March 21, 2024
Case Summary
The issue in this case is whether an employee’s statement that she sent an email reporting sexual harassment to her employer raises a material fact issue as to whether the employer knew or should have known of the harassing behavior.
Nicole Harris was hired by the Fossil Group to work at a Fossil store in Frisco. During her employment, she began exchanging messages on Instagram with the store’s assistant manager, Leland Brown. Many of these messages were sexual in nature, which Harris alleges constitutes sexual harassment. Harris contends that she reported Brown’s sexual harassment to Fossil through email. However, neither she nor Fossil was able to locate the email. Harris sued Fossil, alleging a hostile work environment.
The trial court granted summary judgment for Fossil. The court of appeals reversed, holding that Harris’s allegation that she sent an email was sufficient to raise a material fact issue about whether Fossil knew or should have known of the harassment and failed to take appropriate action.
Fossil petitioned the Supreme Court for review. Fossil argues that Harris has not created a fact issue on the question of whether it knew or should have known about the alleged harassment. In the alternative, Fossil argues that it has conclusively established the Faragher/Ellerth affirmative defense to harassment because (1) it exercised reasonable care to prevent and correct promptly any harassment, and (2) Harris unreasonably failed to take advantage of any preventive or corrective opportunities provided by Fossil or to otherwise avoid harm. The Court granted the petition for review.
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