A federal appeals court on Monday reinstated a retaliation charge filed by a former county sheriff’s office employee in a case involving an alleged unwanted kiss.

Laura Alkins, who worked as a peace officer in the Gwinnett County’s sheriff’s office in Lawrenceville, Georgia, for nearly two decades, was told in 2018 that she would be reassigned back to the county jail, where she had worked several years earlier, according to the ruling by the 11th U.S. Circuit Court of Appeals in Atlanta in Laura E. Alkins v. Sheriff of Gwinnett County.

In a meeting with her supervisor, she stated that during her prior tenure at the jail, a supervisor gave her an open-mouthed kiss without permission, although she did not report it at the time.

 She told the supervisor she feared a transfer back to the jail would require her to work under that supervisor and expose her to further unwanted contact.

Ms. Alkins was placed on administrative leave, and an ensuing investigation did not prove or disprove her allegation. However, statements she made about superior officers’ reactions to her allegation prompted a subsequent investigation that concluded she had been untruthful, and she was demoted.

During a meeting in which she was informed of her demotion, she made another allegation, that during her initial meeting with her supervisor on the issue, he told her there had been other allegations against the jail supervisor. Ms. Alkins was terminated after a brief investigation did not substantiate that allegation.

She then sued the sheriff’s office for retaliation under Title VII of the Civil Rights Act of 1964 in U.S. District Court in Atlanta, which granted the sheriff’s office summary judgment dismissing the case.

That decision was reversed by a three-judge appeals court panel. 

“The sole issue on appeal is whether Alkins had a reasonable belief that she suffered sexual harassment when her alleged supervisor kissed her against her wishes, such that her report concerning the incident is protected activity under Title VII,” the ruling said. “We agree with Alkins that her report was protected activity.”

The ruling noted that the alleged conduct was severe. “Few types of physical conduct are more invasive than an open-mouthed kiss,” it said. “We have recognized that less severe conduct can nonetheless support a sexual harassment claim,” it said, in remanding the case for further proceedings.

Ms. Alkins’ attorney, John D. Wales, of the Law Office of John D. Wales PC in Atlanta, said in a statement the decision “is correct and necessary for any employee who considers complaining about sexual harassment. The issue was not whether my client was harassed or whether the Sheriff was liable. The issue is whether you can terminate an employee for complaining that they felt harassed or discriminated against.”  

The county’s attorney did not respond to a request for comment.