Obtained summary judgment for client in harassment and retaliatory discharge case

We obtained summary judgment for our client, an electrical subcontractor in U.S. District Court – Eastern District of Kentucky. The plaintiff, an electrician, sued her employer and the project manager on a construction site claiming sexual harassment in the presence of open, movable urinals on the construction site and retaliatory discharge. District court granted summary judgment on all counts, finding no sexually hostile work environment as plaintiff admitted both other male employees had expressed distaste over the urinals and the other female employees had indicated they had no problem with them. The court also found the plaintiff’s discharge was not retaliatory, as her termination was for an admitted violation of the construction site’s no-smoking policy, and the site manager’s directive for her removal from the worksite for this violation and her employer’s lack of any other job sites to which it could send her rendered her termination valid. The judgment was not appealed.