Woman Alleges Sexual Harassment at Retail Store, and Retaliation After she Complained about It, Which Forced Her to Resign

Plaintiff was an employee at a retail store who alleged she was sexually harassed by her supervisor. He would make comments on her appearance daily, like telling her she was sexy or cute. He would also touch her, like putting his hand on her waist. He came up to her in the parking lot and told her that he wanted to kiss her, and asked her to meet him for a date. After she refused these advances, she alleged he retaliated against her, and continued to make sexual comments to her. Finally, he grabbed her in a hug, and then forcibly kissed her, and she reported the harassment the next day. The employer defended the suit by stating that they engaged in an investigation, and terminated the supervisor as a result. However, after Plaintiff's complaint, her hours were cut, and she was never told the outcome of the investigation or that her supervisor was terminated. So, she was in constant fear he would return to work. Therefore, she felt forced to resign. Additionally, Winer, McKenna, & Burritt discovered that another employee complained about inappropriate conduct by the supervisor prior to Plaintiff's complaint and nothing was done to investigate the matter or take any actions to protect employees. Winer, McKenna, & Burritt argued that had the employer taken appropriate actions at that time, the Plaintiff never would have been harassed.