Plaintiff’s Substantial “Credibility Missteps” Render District Court’s Erroneous Admission Of Employer’s Testimony on Ultimate Issue — That There Was No Sexual Harassment — Harmless Error

The Sixth Circuit recently ruled that a plaintiff’s credibility at trial was so “irreparably undermined” that the district court’s erroneous admission of the employer’s evidence on the ultimate issue — that the employer had not engaged in sexual harassment — was harmless error.  Kendel v. Food & Commercial Workers Local 17-A, 6th Cir. No. 12-3409,  WL (January 22, 2013).

Plaintiff Kendel sued the Food & Commercial Workers Local 17-A, the United Food & Commercial Workers International Union, and Howard Barnes, the former president of Local 17-A, for sexual harassment and gender discrimination.  The district court granted summary judgment for the International. Kendel’s claims against Local 17-A and Barnes proceeded to trial.

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