The Sixth Circuit has upheld a jury’s verdict supporting a commercial diver’s claims of workplace harassment, marking a key victory in the VRHabilis Sex Harassment Verdict. Ariel Schlosser accused her employer, VRHabilis LLC, of subjecting her to weeks of belittlement and gender-based ostracism, allegations that culminated in a $58,000 jury award for back pay.
VRHabilis Sex Harassment Verdict : Panel Rejects VRHabilis’ Appeal
A three-judge panel affirmed Schlosser’s victory on Monday, finding that her evidence of verbal abuse and isolation during her 10-week tenure with the environmental cleanup company sufficiently demonstrated a hostile work environment. Schlosser, who worked as a diver cleaning up explosive remnants, had testified that her male colleagues and supervisors berated and ostracized her due to her gender.
VRHabilis challenged the verdict, arguing that certain incidents of harassment were isolated and shouldn’t have been factored into the broader claim. But the court disagreed, stating that these actions couldn’t be “cleanly segregable into two neat buckets,” according to U.S. Circuit Judge Eric L. Clay, writing for the panel.
Jury’s Decision Stands Despite Limited Damages
Following a four-day trial and three days of deliberation, the jury sided with Schlosser on her Title VII hostile work environment claim but rejected claims of sex discrimination and retaliation. Schlosser was awarded $58,000 in back pay but received no compensatory, nominal, or punitive damages.
