A female employee who alleged she was assaulted and harassed by a store manger who worked for a different employer can proceed with sex discrimination claims against her employer and the store manager’s employer, according to a federal court ruling. Jeff and his law firm filed the case for the employee.
According to the complaint, the female employee worked for the greeting card company American Greetings. She was responsible for merchandising products in retail stores.
The complaint alleged that, in 2018, the employee was working at the Jewel-Osco store in Lockport Illinois when she was sexually harassed by Richard Carlson, the store manager. Carlson worked for Jewel-Osco.
The employee reported the harassment to her supervisor at American Greetings, but she was told she still had to return to the store the next day.
The next day, Carlson assaulted her by grabbing her from behind, spinning her around, and then forcibly kissing her. She reported the assault to American Greetings, Jewel-Osco and the police. Carlson ultimately pled guilty to criminal charges arising from the sexual assault.
The employee brought sex discrimination and retaliation claims against Carlson, American Greetings, and Carlson’s employer, Jewel-Osco.
American Greetings filed motions to dismiss the sex harassment claims primarily arguing that was not liable because it did not control the premises and the store manager worked for Jewel-Osco. The court rejected American Greetings’ argument.
The court ruled that the complaint alleged sufficient facts that both American Greetings and Jewel-Osco had control over the conditions of the employee’s employment and could have taken measures to correct the issue but failed to do so.
Were you sexually harassed at work? Contact Jeff.