Penn wins summary judgment in third-party sexual harassment case filed by former University employee

A judge granted Penn summary judgment in a lawsuit filed earlier this year by 2022 School of Design graduate and research associate Sophia O’Neill, who alleged that the University failed to protect her from sex-based discrimination.

In an Oct. 31 memorandum, the court concluded that O’Neill did not cite evidence a "reasonable jury could use to find the University liable on her hostile work environment, constructive discharge, or retaliation claims.” The initial lawsuit — filed in March in the U.S. District Court for the Eastern District of Pennsylvania — claimed that Penn violated Title VII of the Civil Rights Act and the Philadelphia Fair Practices Ordinance. 

Judge Mark Kearney stated in the decision that he found no evidence that Penn was "liable for a sex-based hostile work environment.”

“​​An employer must either desire the intended harassment or be substantially certain it will occur to be liable for conduct by persons not in its employ who harass its employee," the ruling read.

Kearney’s ruling was guided by the Sixth Circuit’s opinion in a case in Michigan that was decided earlier this year. The ruling served as a prediction for how the U.S. Court of Appeals for the Third Circuit would rule on the issue of employer liability for future sexual harassment cases.

"Ms. O’Neill did not adduce evidence a reasonable jury could use to find the University liable on her hostile work environment, constructive discharge, or retaliation claims," Kearney concluded. "We grant summary judgment for the University."

O’Neill worked as a research associate in the School of Design’s Advanced Research and Innovation Robotics Lab following her graduation and as a part-time teaching assistant for Assistant Professor Robert Stuart-Smith. In the suit, O’Neill alleged that she was harassed by a “mentally unstable male student” through a series of inappropriate messages. 

O’Neill stated that she met with members of Student Services, describing the measure as “inadequate to the situation.” Following a break from work in 2023 due to the alleged harassment, O’Neill was denied a transfer to another professor unless she also remained in her role as a teacher's assistant.

Prior to filing suit, O’Neill filed an administrative complaint with the Philadelphia Commission on Human Relations against Penn.

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