MBJ Victory: Federal Court Grants Summary Judgment in Sexual Harassment and Retaliation Case

On March 31, 2009, Morgan, Brown & Joy secured summary judgment for its client on a hard-fought sexual harassment and retaliation case.  In Kaytor v. Electric Boat Corporation, 2009 WL 840669, the plaintiff alleged that she was the victim of a number of sexually harassing comments and behavior, and alleged that – after she filed suit – she was referred by the employer to a psychiatric medical examination in retaliation for bringing a claim.  The United States District Court for the District of Connecticut found that the sexually harassing incidents alleged by the plaintiff were episodic and not sufficiently severe to state a claim.  The Court also found that the employer’s referral for a psychiatric evaluation was appropriate given plaintiff’s behavior at work. (Previously, MBJ successfully required plaintiff to attend a Rule 35 mental examination which, had the case not been thrown out at summary judgment, would have been crucial in defending against plaintiff’s $10MM damage claim. See 2007 WL 4322546.)