07-29-2025
In a non-binding decision, the Third Circuit Court of Appeals upheld a female employee’s pursuit of a Title VII lawsuit based on false rumors spread about her. The Pennsylvania Department of Corrections (DOC) hired Brandy Cuff as a correctional officer. In her first week of work, co-workers suggested her dress was “promiscuous” and asked her which supervisor she was married to. Rumors spread that she was married to a captain at another DOC site. At a union meeting, an employee called her a “bedazzled t***” and wondered who Cuff was “f***ing.” After that meeting, two of Cuff’s supervisors asked her about the rumor that she was having sex with a supervisor. A male officer allegedly performed an unnecessary search of her tampons and feminine pads, asking her to open them for additional inspection. When Cuff complained about the incidents, supervisors downplayed them, encouraged her to ignore them, or implied that they would fire her if she filed a written report.
The Third Circuit reviewed Cuff’s claims. Cuff’s allegations took place over a five-month period, most of which pertained to the rumors that she was trading sexual favors for special treatment. Reiterating a prior decision, the court said, “such rumors are humiliating, inherently gendered, and if serious[,] can serve as the basis for a Title VII claim.” Cuff provided evidence of the rumors persisting over those five months, reaching at least four supervisors, three colleagues, the inmates she supervised, and everyone at the union meeting. Her colleagues “humiliated her regarding the rumors,” and her supervisors repeatedly refused to take action.” The facts alleged are beyond what would be considered standard workplace gossip. A reasonable jury may find that what had happened violated Title VII.