“Instead, we must look to the facts and circumstances of each case to determine whether, by not pursuing other avenues seemingly provided in the employer’s sexual harassment policy, a plaintiff unreasonably failed to take advantage of the employer’s preventative measures. Plaintiff has presented genuine issues of material fact with respect to her hostile work environment, age, and retaliation claims, and accordingly the decision of the District Court is VACATED and REMANDED for further proceedings.” 

Upon JetBlue’s motion for summary judgment, the United States District Court for the Western District of New York (Elfvin, J.) dismissed Gorzynski’s Complaint in its entirety. In particular, the District Court found that JetBlue was entitled as a matter of law to the Faragher/Ellerth affirmative defense to Gorzynski’s hostile work. 

JetBlue argued that because Gorzynski complained of sexual harassment to her supervisor, who was also the harasser, rather than pursing alternative options listed in her employee manual, it is shielded from liability. We must therefore determine whether, for the purposes of the Faragher/Ellerth defense, it is unreasonable as a matter of law for an employee to complain of sexual harassment to his or her harasser if that person is designated in the employer’s plan as one of several persons with whom to lodge complaints. 

The court said, “we hold that it is not, and conclude that whether a plaintiff’s complaints to the harasser constitute reasonable availment of an employer’s sexual harassment policy is to be determined by the specific facts and circumstances of each case. Moreover, we find that Gorzynski has presented genuine issues of material fact with respect to her hostile work environment, age, and retaliation claims, which are made evident through examining several omissions and incorrect accounts of the record in the District Court’s decision. Accordingly, the grant of summary judgment is vacated, and the case is remanded for further proceedings.”