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Sometimes once is enough: Sexual harassment, retaliation claims head to jury

June 2020 employment law letter
Authors: 
Maggie Spell, Jones Walker LLP

A federal court in Louisiana is sending sexual harassment and retaliation claims by a motel guest services representative to a jury. A big factor in the court’s decision was how her employer handled the complaint and the quick termination of her employment after she made it. Let’s take a look at what happened here and how you can avoid a similar headache.

Not a warm welcome

Quawana Brandon alleged that, on her very first shift as a guest services representative at a Bossier City motel, she was sexually assaulted by a coworker who “cornered her and exposed himself to her.” According to her, she was working in a small laundry room when the coworker entered and asked her to teach him some words in Spanish, asked her to say something sexy in Spanish, repeatedly tried to show her a naked picture of himself on his cell phone, and then told her to look down and see what she was “doing to him,” motioning toward his erect penis. He then grabbed her arm and attempted to make her touch his penis, but she managed to exit the laundry room.

The following day, Brandon met with local management to discuss what happened. According to her, she asked not to be scheduled with the coworker, but she was required to work with him that day anyway. Corporate management then came in to take written statements from her and her coworker. He denied the allegations in his written statement but resigned his employment the very next day.

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