Rite Aid faces claims of sexual harassment, constructive termination, discrimination, retaliation
The California Court of Appeal ruled in an employer’s favor upon determining that it was able to prove that the acts allegedly leading to sexual harassment arose from a completely private relationship with no relation to the employment.
The case of Atalla v. Rite Aid Corporation et al. arose when a supervisor texted the plaintiff, a Rite Aid employee, a video of himself masturbating and a photo of his penis. On Jan. 10, 2019, the plaintiff’s lawyer sent Rite Aid a letter making a sexual harassment claim and stating that the plaintiff would not be returning to work.
Read more: GE employee alleges supervisor sexually harassed her
The next day, Rite Aid’s in-house counsel spoke with the plaintiff’s lawyer and instructed a divisional HR leader to investigate the incident. The divisional HR leader met with the supervisor, who admitted sending the plaintiff the video and photo. The supervisor was suspended and was given a copy of Rite Aid’s anti-retaliation policy.
On Jan. 14, 2019, Rite Aid decided to terminate the supervisor. Rite Aid’s in-house counsel reached out to the plaintiff’s lawyer to say that the supervisor had been terminated, that the plaintiff was welcome to return to work, and that she could avail of mental health counseling and financial advice via the employee assistance program.
The plaintiff’s other lawyer said that the plaintiff had no plans of returning to...
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