Parkins Case Summary

A victim gives notice when the victim: has a channel to file a report, the victim complains to a “point person” or person who has the power to hire, fire, demote, promote, transfer, or discipline employees, and the victim gives the employer enough information for a reasonable employer to believe the victim was probably harassed. Parkins v. Civil Constructors of Ill, Inc. 163 F.3d 1027, 1035 (7th Cir. 1998). In Parkins, the victim was a truck driver for Civil Constructors, who endured sexual stories and innuendos, and inappropriate touching by co-workers for two years. Id. at 1031. The victim reported the sexual harassment to a dispatcher. Id. The victim at first did not complain to the superintendent of the Civil Constructor’s EEO division until 1996, although the harassment began two years prior in 1994. Id. In 1996, the victim filed a report with the Union Teamsters Local 325. Id. This Court ruled Civil Constructors did receive notice when the victim filed a report with the Union and was transferred, but did not have notice when the victim …show more content…
In Parkins, the victim did not report the sexual harassment to a person who had the ability to hire, fire, demote, promote, transfer, and discipline other employees. Parkins v. Id. at 1035. The victim however reported the harassment to an employee who had none of the listed authorities previously stated. Id. at 1035. Unlike the victim in Parkins, in the instant case, Swift did report the sexual harassment to a person who had the ability to hire and fire other employees. (R. at 19). Conway had the ability to hire and fire attorney support staff at Frank & Moore. (R. at 14). Conway’s ability to hire and fire some employees at Frank & Moore made it reasonable for Swift to believe Conway had some authority to handle the report. Hence, Swift provided Frank & Moore with notice when a letter was sent to Conway. (R. at 15,