Merck Avoids Liability for Supervisor Whispering in Worker’s Ear

Merck & Co. got summary judgment on retaliation and hositle work environment claims filed by an employee whose supervisor whispered in his ear during a meeting.

No reasonable jury could infer a sexual advance or a derogatory reference to race from the whispered statement, Judge Kelley B. Hodge said Monday for the US District Court for the Eastern District of Pennsylvania.

Peter Nyamu worked as a biotechnician for Merck. But in the fall of 2021, he failed to pass the company’s sterile conditions protocol for a sixth time in a year and was put on probation, and later “flex flowed” ...