Costilla v. State

• Decision Date: 25 November 1997
• Docket Number: No. C8-97-711,C8-97-711
• Citation: 571 N.W.2d 587
• Court: Minnesota Court of Appeals
• Parties: Maria C. COSTILLA, Appellant, v. STATE of Minnesota, Respondent.

Page 587

571 N.W.2d 587

Maria C. COSTILLA, Appellant, v. STATE of Minnesota, Respondent.

No. C8-97-711.

Court of Appeals of Minnesota.

Nov. 25, 1997.

Review Denied Jan. 28, 1998.

Syllabus by the Court

Under the Minnesota Human Rights Act, an employer may be liable for the sexual harassment of its employee when the employer knows the employee is being sexually harassed by a non-employee, yet fails to take timely and appropriate action to protect its employee.

Sonja Dunnwald Peterson, Minneapolis, for Appellant.

Hubert H. Humphrey, III, Attorney General, Cassandra O. O'Hern, Assistant Attorney General, St. Paul, for Respondent.

Considered and decided by SCHUMACHER, P.J, and NORTON and WILLIS, JJ.

OPINION

NORTON, Judge.

Appellant sued the State of Minnesota for sexual harassment under the Minnesota Human Rights Act (MHRA) and raised other common law claims. The district court granted respondent summary judgment on all claims. We affirm in part, reverse in part, and remand.

FACTS

During all times relevant to this case, appellant Maria Costilla was employed by respondent State of Minnesota in its Department of Economic Security (DES). As a state monitor advocate, she worked with urban Hispanics and seasonal migrant farm workers. Costilla was required to work closely with the corresponding federal regional monitor advocate, Herman Acosta, an employee of the United States Department of Labor. Acosta conducted on-site reviews of Minnesota advocate offices. Oftentimes both Costilla and Acosta reviewed sites together in various rural locations where overnight stays were required. Additionally, Costilla and Acosta attended professional training sessions together.

Costilla's complaints derive from Acosta's sexually harassing behavior and the state's failure to take timely and appropriate action to protect her from him. Costilla claims that Acosta committed numerous acts of sexual harassment beginning in 1992 and continuing into 1995. The harassment included inappropriate comments, touching, grabbing, attempted kissing, and solicitations.

Costilla claims that the state was specifically made aware of the sexual harassment on several occasions. In June of 1993, Costilla and Acosta were working in Moorhead, Minnesota. At the end of the day, as they exited the hotel elevator, Acosta grabbed her, tried to kiss her, and wanted to get into Costilla's room. Costilla rejected Acosta's advances. She called a coworker in St. Paul, Beverly Friendt, and told her what happened. Friendt then told a state supervisor, Ronald Threatt, who did not act on the information.

In November 1993, while Costilla was in a training session in Chicago, Acosta publicly made inappropriate suggestions about his relationship with Costilla. He also commented to her about losing her virginity. Costilla again called Friendt and told her what happened. This time, Friendt told DES's affirmative action officer Linda Sloan, who called Costilla in Chicago and told her to leave the conference or change hotels to be safe. The following day, when Costilla returned from Chicago, Sloan and Costilla talked in person and Costilla told her that Acosta's harassment had been occurring since 1992. Sloan told Costilla that she had been through enough and that she would no longer have to go out alone with Acosta; that someone else would go in her place; or that Sloan herself would go. Sloan helped Costilla see a counselor to assist her in dealing with the sexual harassment. She also contacted Acosta's supervisor in Chicago and told him of Acosta's behavior. The supervisor told Sloan that he would talk to Acosta about sexual harassment. The supervisor wrote Acosta a memo prohibiting inappropriate sexually harassing speech and conduct.

In February 1994, Costilla told Sloan that Acosta had been calling her every night at home and would end most conversations with a sexual remark. Sloan again contacted Acosta's supervisor in Chicago and discussed the incidents. Sloan recommended an investigation, offered to assist, suggested training for Acosta, and offered to do the training. The federal office assured Sloan that it would take care of the problem.

In early April 1994, Acosta was in Minnesota to conduct some training. Costilla was present. During the training, Acosta told a story about Costilla and a male coworker that contained inappropriate sexual language and allegations. Costilla told Sloan, who again called Acosta's supervisor. Acosta was required to write a letter of apology and send it to everyone at the training. Costilla never received the letter.

In late April 1994, Acosta telephoned Costilla and told her that his conduct would not stop; that it would always be more obnoxious than the last time; and that he did not care how much trouble it caused. Costilla reported the phone call to Sloan. This time she did not call Acosta's supervisor. Instead, she assured Costilla that Acosta's supervisor was aware of the situation and that the federal office planned to send Acosta to sexual harassment training.

In the fall of 1994, Costilla told her supervisor that she did not want to go to a meeting because Acosta would be there. Her supervisor required her to attend, despite Acosta's attendance, because the meetings were required for her job. Costilla avoided the meeting by telling her supervisor that she was involved in an investigation and could not get away. It is unclear whether Costilla's supervisors knew that Sloan had assured Costilla that she would be protected from Acosta's harassment and that Costilla would not be required to be present with Acosta in the future.

In March 1995, Acosta was in Minnesota and met with Costilla. He insisted that Costilla give him her home telephone number and got angry when she refused. In April 1995, Acosta called Costilla, joked to her about the size of his penis, and told others in his office that he was talking to Costilla. Costilla met with Sloan, told her of the telephone conversation, and told her that Acosta's harassment had continued nearly unabated. Sloan called Acosta's new supervisor and informed him of Acosta's behavior. In addition to a full investigation, Sloan recommended that Acosta not be allowed to work with Costilla. The supervisor told Sloan that Acosta would be suspended. It is unclear if Acosta was suspended at that time.

The harassment finally stopped in June 1995 when a high-ranking DES commissioner sent a letter to the federal regional administrator in Chicago insisting that Acosta have no further contact with Costilla and that the federal office conduct a full investigation into Acosta's behavior. Later that month, a new federal monitor advocate was assigned to the Minnesota region.

In March of 1996, Costilla was required to go to a meeting where Acosta would be present. Although she talked to her supervisor about not attending, the supervisor again told her that she could not avoid meetings that Acosta would attend. The supervisor added that Costilla needed to be strong and attend the meeting because Minnesota's connection to the national level depended on it.

Due to the state's untimely action, Costilla brought a complaint against the state in January 1996 alleging: sexual harassment under the MHRA; intentional and negligent infliction of emotional distress; and breach of contract or promissory estoppel. The district court granted summary judgment to the state on all claims. Costilla appeals the summary judgment as to her sexual harassment claim and the intentional and negligent infliction of emotional distress claims. In October 1996, Costilla also brought a separate action against Acosta and the United States Department of Labor. Costilla remains employed at the state.

ISSUES

I. Does the MHRA recognize non-employee sexual harassment?

II. Does the MHRA's one-year statute of limitation bar Costilla's claim?

III. Did the district court err when it granted the state summary judgment when the state had notice in June 1993 that a non-employee, Acosta, was sexually harassing its employee, Costilla; the state took no corrective action for five months; and even after it took some action, Acosta continued to sexually harass Costilla into 1995?

IV. Does official immunity bar Costilla's claims?

V. Did the district court err when it granted the state summary judgment on Costilla's intentional and negligent infliction of emotional distress claims?

ANALYSIS

I.

The threshold issue presented by this case, and one of first impression in this court is whether the Minnesota Human Rights Act (MHRA) allows an employee to bring an action against her employer for sexual harassment when the harassing party is a non-employee. The district court did not question the validity of the cause of action. We determine that the MHRA, under certain circumstances, requires an employer to protect its employees from non-employee sexual harassment. Three authorities support our determination that the MHRA covers non-employee sexual harassment: the Equal Employment Opportunity Commission (EEOC) guidelines, other jurisdictions' comparable decisions, and the MHRA's broad remedial intent to remove discrimination from the workplace.

First, the United States Supreme Court has approved the specific use of EEOC guidelines in sexual harassment cases. See Meritor Sav. Bank, F.S.B. v. Vinson, 477 U.S. 57, 65, 106 S.Ct. 2399, 2404, 91 L.Ed.2d 49 (1986) (guidelines represent informed judgment; courts and litigants may properly resort to them for guidance). The EEOC guidelines recognize that an employer can be liable for the sexual harassment of its employees by non-employees:

An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases, the Commission will consider the extent of...