Where a woman alleged her uncle made graphic sexual remarks, engaged in unwelcome touching and made persistent unwanted sexual advances towards her in the workplace, she plausibly alleged claims for a hostile work environment and resulting constructive discharge.
Background
Tiffani Kerns began working for RCS Trucking & Freight Inc. on Dec. 4, 2017. Robert Sturgeon, who is Kerns’s uncle, is the owner and president of RCS Trucking and was Kerns’s supervisor.
In her complaint, Kerns raises two Title VII claims: (1) hostile work environment based on sex and (2) constructive discharge as a result of that hostile work environment. RCS Trucking has filed a motion to dismiss.
Hostile work environment
The plaintiff must allege facts evidencing that the harassment she experienced “(1) was ‘unwelcome’; (2) was based on the employee’s sex; (3) was ‘sufficiently severe or pervasive to alter the conditions of employment and create an abusive atmosphere’ and (4) was on same basis imputable to the employer.”
RCS Trucking does not contest that the first element of the claim is met. That element is also sufficiently evidenced by Kerns’s allegations regarding her repeated rejections of Sturgeon’s alleged sexual advances and her explicit comments that his conduct was “inappropriate and bizarre.”
Furthermore, RCS Trucking does not appear to dispute that the second element is satisfied, and the court finds that plaintiff sufficiently pleaded that Sturgeon’s discrimination was based on...
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