Duncan v. Gen. Motors Corp., 300 F.3d 928 (8th Cir. 2002)
In August of 1994, Diana Duncan began work as a technical training clerk at the General Motors Corporation manufacturing plant in Wentzville, Missouri, placed through the Junior College District of St. Louis. Within the first two weeks of her employment, James Booth, the GMC employee who had first told her about the available clerk position, asked Duncan to meet with him at a restaurant during work hours. Although it is unclear whether Booth actually had supervisory powers over Duncan, she and the other workers employed through the Junior College District believed that he had the authority to promote them, terminate them, or change their salaries. At the restaurant, Booth sexually propositioned Duncan. After she rebuffed his advances, Booth's conduct towards Duncan at work became negative and often inappropriate. He repeatedly requested that she use his computer in order to use a particular software program, after he set the computer's screensaver to be an image of a naked woman. He arranged to have Duncan mock-arrested for a charity fundraiser, even though he was told Duncan had just prosecuted a person who assaulted her and then threatened to have her falsely arrested. After participants were "arrested" at the GMC plant, they were held until someone paid their "bail" in the form of a donation. Booth paid Duncan's bail, but rather than taking her back to work as she requested, he drove her to a bar across the street from the apartment where she had been assaulted.
"Overruling the Jury: Duncan v. GMC and Appellate Treatment of Hostile Work Environment Judgments,"
Yale Law & Policy Review:
2, Article 9.
Available at: http://digitalcommons.law.yale.edu/ylpr/vol24/iss2/9