12-16-2025
Terra Wargo worked at the Partridge Creek Digital Cinema in Clinton Township, Michigan. She started off working the concession stand and worked her way up to a junior manager role. Wargo applied for general manager but was not awarded that role. Instead, Paul Finnigan took over that position. Within a few weeks of Finnigan taking the position, Wargo began receiving texts on her personal phone number from Finnegan. In one text, Finnegan said he was in a restaurant, and Wargo was “welcome to join.” Wargo did not join. Finnegan told Wargo that he planned to teach her about “break[ing] down concession sales” the following week. He also commented, “I will teach you all I know,” among other similar comments sent via text message. The following month, Finnegan asked Wargo if she wanted to “get something to eat.” He said he wanted to thank her for something she did at work by treating her to dinner. On another occasion, Finnegan asked if she wanted to meet at a restaurant or at the theater. They met at the theater and a verbal disagreement ensued between the two. Wargo alleged that the meeting became physical when Finnegan would not let her leave for about “5 to 10 seconds” by touching her arm. Partridge Creek conducted an investigation in response to Wargo’s complaint and did not find any sexual harassment.
In an unpublished opinion, the Sixth Circuit Court of Appeals concluded that Wargo’s allegations did not meet the standard for sexual harassment under Title VII. Wargo did not demonstrate that Finnegan’s conduct was “severe or pervasive enough” to create a working environment that a “reasonable person would find hostile or abusive.” The court considered the conduct’s frequency, severity, threatening or humiliating nature, and interference with Wargo’s work. According to the court’s analysis, Finnegan’s invitations were “sporadic,” and “none involved explicit pressure or sexual conduct.” His actions were not severe or pervasive. Finnegan’s single physical contact with Wargo was not sexual or sufficiently pervasive. Her sexual harassment claim failed as a matter of law.
Employers should monitor ongoing litigation and outcomes.