Melody S. Swenson v. John E. Potter, Postmaster General of the United States of America

When an employee accuses a fellow employee of sexual harassment, the employer must reconcile competing rights: the accuser’s right to a harassment-free work place and the accused’s right not to be disciplined without fair procedures and sufficient proof of wrongdoing. The employer, too, has a legitimate interest in resolving the dispute with the least possible disruption to its operations and without risking liability if a jury later disagrees with its conclusions. We consider the employer’s options and responsibilities in such circumstances.

I

While the facts were disputed at trial, we state them here consistent with the jury’s verdict. Melody Swenson was working as a mail sorter for the U.S. Postal Service when she met Philip Feiner in August 1993. Feiner worked in the same general area of the San Francisco Processing and Distribution Center. Swenson testified that Feiner told her she was beautiful and sexy, that he dreamed about her at night, and that he watched her “ass moving.” When Swenson clocked in to work, Feiner would be at the time clock waiting to greet her. According to Swenson, who is deaf, he asked her to teach him the sign for “sex” and told her, “I want…