SEARCH

Beckford v. Dep't of Corrections

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

[PUBLISH]

Before PRYOR and FAY, Circuit Judges, and QUIST,*fn1 District Judge.

This appeal presents the question whether the Florida Department of Corrections can be liable, under Title VII of the Civil Rights Act of 1964, for failing to remedy a sexually hostile work environment that male inmates created for female employees at Martin Correctional Institution. See 42 U.S.C. § 2000e–2(a)(1). Melanie Beckford and thirteen other women, all former non-security employees at Martin, complained that the Department failed to remedy sexually offensive conduct of inmates, including the frequent use of gender-specific abusive language and pervasive “gunning,” the notorious practice of inmates openly masturbating toward female staff. At trial, a jury heard evidence of this harassment, considered the ability of the Department to mitigate the misconduct, and held the Department liable. On appeal, the Department presents four arguments: (1) the Department, as a matter of law, cannot be liable under Title VII unless its staff actively encouraged or participated in the harassment; (2) the female employees failed to prove that the inmates’ harassment was because of sex; (3) the district court should have instructed the jury about the affirmative defense recognized in Faragher v. City of Boca Raton, 524 U.S. 775, 807–08, 118 S.Ct. 2275, 2292–93 (1998); and (4) the district court should have severed the employees’ claims under Federal Rule of Civil Procedure 42(b). We conclude that the jury was entitled to find the Department liable under Title VII because it unreasonably failed to remedy the sexual harassment by its inmates. We also reject the other arguments of the Department and affirm.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2025

September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

BANKRUPTCY AND COMMERCIAL LITIGATION ATTORNEY Philadelphia, PA or Wilmington, DE (2-5 years experience)

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...

Apply Now ›

Personal Injury Attorney

Gill & Chamas, LLC seeks a Personal Injury attorney to work in their Woodbridge, NJ office. Candidate must possess the following: ...

Apply Now ›

Finance/Corporate Trust Attorney - CT or Remote

We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...

Apply Now ›