if the employer fails to take proper action with regard to the employer has ratified that conduct and thereby contributed to the discriminatory environment at the workplace so if you've got a harasser who goes in and kisses one female and they say well that's not really sexual harassment don't do it and he goes and does it again to a different female and neither one of them know about it again you've got an isolated incident where it's probably not going to pass muster  do anything about this it is similar to this case this the perpetrator here well it was well known to have conduct that was offensive and troublesome to females in the workplace nothing was done we didn't know about as evidence of her hostile work environment she knew about the nurse maroon incident which was the most recent one prior to her that was just about i think it was about six weeks prior to  did was say don't do it they knew that they were dealing with a guy who did not follow this direction and if you look at some of the things that happened after this incident he still didn't even after it so the employer due to her gender and that it was offensive yeah so we have a in it's important to remember here that we're dealing with an environment where these these workers are in a dangerous environment every day they're dealing with prisoners they're supposed to look out for each other they're supposed to be able to trust each other they're supposed to know that their fellow prison guard is making sure they're safe and and instead of you know worrying about their own fear of them romantically  and so this is the context in which all this happened the judge did not consider that either you have to look at the totality of the circumstances you have to look at it from the victim's perspective and here what happened was even that one single incident was extremely physically threatening humiliating and and very bad especially in this environment you have to locked t he's got to go with your definition in it where it didn't prevent future occurrences it did not it was not reasonably calculated to end mr dunn was behavior towards women in the workplace i look if she would like for him to do the same thing he did say half the way she said it's so lucky they can't get me any more they were already punished me tactically there was a work environment that was perceived as and was abusive toward women based upon sexual harassment that has not occurred in this case there was not sufficient evidence to even as sexual harassment the nurse maroon incident involved deputy dunlap essentially spending too much time hanging around or some room and there was evidence that he had reached out and touched her hair or her shoulder or her hand and which was observed by one of her supervisors supervisor was annoyed by his conduct which she considered to be interfering with the work that she was trying to get done in her medical unit and so she complained to mr dunlap's sergeant saying this guy is hanging around to m i don't want to hang around my nurses they have work to do and that complaint was then dealt with and it was dealt with appropriately he was he was called to task he was told you know you have a job to do they have a job to do she didn't consider his activities to be sexual harassment she did say that she made her a tad uncomfortable but she didn't consider that she was being sexually harassed by so that instance is not sufficient to meet the these are the other jacket or the subjective element of an abusive work environment for the plaintiff in this case there has to be some evidence in that regard that the ten distance of the plaintiff's employment have been altered in some way even if you take into account the prior conduct between deputy dunlap and the plaintiff there is no evidence that it altered her work environment in any way and again you need to remember that it is that it is the focus here is on the employer the only the employer can alter the terms and conditions of the employment and so on but that's not true it's a co worker makes the working environment and less than intolerable coworkers personal space if you got too close to them male and female he didn't seem to understand the boundaries of professionalism in the workplace in terms of what kind of personal conversations you have with your coworkers and when it is appropriate or not appropriate to reach out and touch down so yes he had them counseled on one occasion regarding the nursing room incident which that was that was a you know you're you're you're going beyond your professional boundaries by hanging around her room and talking to her and keeping her from doing her working keeping yourself from doing your work and it was also counseled a slapped him on the back put his arm around him and johnson said you know well you don't get to you don't have to touch me unless i invite that touching and i don't invite that touching so don't touch me and there is no evidence in the record that this pla knew about that counseling or that it affected her in any way at the time of the incident between she and dunlap on october thirty first of two thousand and one there was also  regarding that complaint from a corrections nurse that she had been rude to her and a coworker dunlop had been rude and he was counseled not to be rude but none of those so what we really have in this case is an isolated incident we have one incident and the county is not pretending they say that it wasn't sexual harassment or at best sexually charged act that it wasn't offensive it was both of those things and it was highly highly inappropriate however once that incident occurred it was immediately reported and it was immediately dealt with the corrections dunlap was immediately put calculated to stop the harassing behavior toward the plaintiff and in fact that is what occurred in this case there were affidavits were submitted at the trial court level regarding the subsequent actions of deputy dunlap towards other individuals within the thirty day suspension you know it's reasonably calculated to say hey you can't do this don't ever do it again and the title system is not a law again i'm sorry i believe that i believe the lawsuit was filed almost immediately and i don't but i can't answer your question for certainty now i'm sorry battery or i'm sorry i'm sorry regarding the battery the the only way that employer could be held liable for a battery committed by an employee is if it were somehow part of the job that they were expected to do or that the battery was committed in furtherance of employer's interest and there is absolutely no evidence in this case that it was the expected of this employee should impose deficient pedalled least to assure a workplace free from sexual harassment it doesn't say to stop it against the plaintiff it says to assure a workplace free of sexual harassment i think that means that it is designed to prevent it from happening in the harassment that's one it doesn't say against the plaintiff and two to persuade potential harassers to refrain from unlawful conduct so it's much broader than just stopping the harassment against the particular plaintiff as it should be i case terminations was the only remedy which would have prevented this particular individual from an aging in this kind of contact with against employees of this organization and that's about as far as they can reach  sexual harassment it was sexual harassment now nurse where it was a very timid individual very she had to be coaxed into talking about it by one of the other nurses because she was very shy and very nervous about talking about these things but she was clearly if you look at the if you look at this report and if you look at glenda baxter's deposition transcript that describes some of the incidents that i don't love engage with regard in our store room she tried to shield herself from after the incident and there have been different versions of what date it was rather was october thirty one or november one just for the record that's because it's a it's a graveyard shift started out on the thirty first and it carried over into the first of november but she had difficulty sleeping she did go to counseling she talked about how it caused her to be very concerned in this very high stress and dangerous environment for her own safety so i believe there's no doubt about the fact that she is also a work environment certainly enough evidence to to to get to the jury on that