ST. LOUIS — An appeals court has upheld a $750,000 jury verdict in favor of a former Harris-Stowe State University professor who claimed she was subjected to a hostile work environment based on her sex.
The Missouri Court of Appeals for the Eastern District rejected the university’s arguments that Beverly Brennan failed to present sufficient evidence to support her claim and affirmed the circuit court’s decision denying the university’s post-trial motions.
Brennan, who taught Speech and Theater at the university for two decades, originally filed a charge of discrimination in March 2016 with the Missouri Human Rights Commission.
She alleged the university discriminated and retaliated against her because of her race, sex and age, and for reporting unlawful harassment of students.
Brennan also claimed retaliation for participating in another employee’s discrimination investigation.
After receiving a right-to-sue letter, Brennan filed suit later that year against the university and two administrators, Dr. Lateef Adelani, dean of the College of Arts and Science, and Dr. Dwayne Smith, provost and vice president for academic affairs.
In her petition, Brennan alleged she was subjected to unwelcome harassment based on her sex, which interfered with her ability to perform her job and affected the conditions of her employment.
Brennan claimed her gender was at least a contributing factor in the university’s disparate treatment of her and that the university condoned and authorized the discriminatory conduct.
At trial, Brennan and several current and former faculty members testified. A colleague, Gregory Carr, testified that a 2014 policy change affecting class prerequisites jeopardized their full-time status and that the department chair told them either Brennan would retire or Carr would be reduced to adjunct status.
Brennan testified that during her tenure, Adelani frequently lost his temper at female employees during department meetings. She also recounted that in 2015, she emailed the university’s communications director after male employees restricted her access to the theater, and that budget cuts reallocated funds from her department to one led by a male professor.
The university countered with evidence suggesting Brennan had not complained of discrimination to her therapist and argued she declined a promotion to department chair before retiring.
After deliberation, the jury found in Brennan’s favor on her hostile work environment claim against the university but ruled in favor of Adelani on the same claim and rejected her retaliation claims against both defendants.
The jury awarded her $750,000 in damages.
On appeal, the court ruled that Brennan provided sufficient evidence to support each element of a hostile work environment claim under the Missouri Human Rights Act.
The opinion noted that Brennan presented evidence of ongoing discrimination both before and after September 2015, falling within the applicable statutory period.
The court also found ample evidence that the conduct was severe or pervasive, affected the terms and conditions of her employment and that her sex was a contributing factor in the harassment.
The panel further held that the university waived its arguments regarding inconsistent verdicts and jury instructions by failing to object before the jury was discharged.
Even if reviewed on the merits, the court said, the jury could have reasonably found the university liable based on the conduct of multiple employees, even if Adelani himself was not individually liable.
In addition to affirming the verdict, the appellate court granted Brennan’s motion for attorney’s fees and costs on appeal, recognizing her as the prevailing party under Missouri law.
The court remanded the issue to the circuit court to determine the amount of reasonable attorney’s fees.
The appellate panel, which includes Presiding Judge Rebeca Navarro-McKelvey, Judge Gary M. Gaertner Jr., and Judge James M. Dowd, unanimously concurred in the decision.
Missouri Court of Appeals, Eastern District case number: ED112917
