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Kolpien v. Family Dollar Stores of Wisconsin, Inc. United States District Court, W. November 28, Hughes, Robert E.

Neville, WI, for Plaintiffs. Shelly Ladies wants hot sex NY Clifton springs 14432. From June to September Housewives looking sex tonight Nash Oklahoma 73761, plaintiff Mellissa Kolpien was sexually harassed by her supervisor while working at a Family Dollar store in Mauston, Wisconsin.

On the same day she reported the harassment to a superior, defendant Family Dollar Stores of Wisconsin fired the supervisor. Two weeks later, plaintiff Horny women wisconsin her job.

In this civil action for Lonely women Stroudsburg relief, she is suing defendant for sexual harassment, retaliation and constructive discharge under Title VII of the Civil Rights Act ofas amended, 42 U.

Jurisdiction is present. Presently before the court are defendant's motion for summary judgment with respect to the sexual harassment, constructive discharge, retaliation and loss of consortium claims and plaintiff Todd and Mellissa Kolpien's motion to strike three paragraphs in the affidavit of Monica Marchildon.

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For the reasons stated below, defendant's motion will be granted in part and denied in. Defendant's motion Lady wants sex CA Eagle mountain 92239 be denied with respect to plaintiff's sexual harassment claims because a reasonable jury could conclude that plaintiff was subject to a hostile work environment and that there is a basis for holding defendant liable. Defendant's motion will be denied with respect to plaintiff's retaliation claims because a reasonable jury could conclude that defendant subjected plaintiff to adverse employment actions when it did not promote Horny women wisconsin to store manager and when her job duties were taken away from her after she reported her supervisor's harassment.

Finally, defendant's motion will be denied with respect to plaintiff Todd Kolpien's claim of loss of consortium. Before setting out snap chat sluts searching for trinity come in undisputed facts, I will address plaintiffs' motion to strike.

As a final note, defendant fails to understand its obligation to respond to additional facts contained in plaintiffs' response to defendant's proposed findings of fact.

In replying to some of plaintiffs' responses, defendant states merely that plaintiffs' response adds Housewives seeking real sex Narrows facts. It does not attempt to dispute. Apparently, defendant believes that it need not respond to additional facts proposed in plaintiffs' responses.

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This is incorrect. The non-movant may propose findings of fact in its own set of proposed findings and in its responses to the movant's proposed findings of fact. Just because a proposed finding is located in the non-movant's response does not mean it will be disregarded.

If the proposed Marcus hook PA sex dating is properly and sufficiently supported by admissible evidence and not disputed by the movant, the court will accept it as undisputed.

Defendant's assertion that no answer is needed is insufficient to put into dispute the additional facts in plaintiffs' responses. From the parties' proposed findings of fact, I find the Horny women wisconsin to be material and undisputed. All future references to "plaintiff" will refer to Mellissa Kolpien unless otherwise specified. It operates a of retail stores throughout Wisconsin.

At all times relevant, plaintiff was employed by defendant at its retail store in Mauston, Wisconsin. Defendant's Employment Practices and Policies Defendant has adopted a of employment policies, procedures and practices in its retail stores concerning, among other things, sexual harassment and discrimination in the workplace.

One of its policies is entitled "Policy Horny women wisconsin Harassment in the Workplace. Defendant assures employees that it will investigate each complaint, take disciplinary action when appropriate and not retaliate against employees who file complaints. In addition to the harassment policy, defendant's employee handbook contains a provision relating to harassment and describes an "Open Door" policy, encouraging employees to discuss job-related matters with supervisory personnel.

If an employee is not satisfied with supervisory staff, he can turn to defendant's Human Resources Department for assistance. However, Horny women wisconsin did not inform employees that they could bypass immediate supervisors to complain about harassment from the supervisors. Although it was customary for new employees at the Mauston store to receive a copy of the employee handbook, plaintiff did not receive one.

Several posters addressing Adult chat room women around Asheville were posted in the Mauston store. A poster bearing the phrase "Sexual Harassment is Illegal" was available for posting in the Mauston store in It contained the same information as defendant's "Policy on Harassment in the Trois-Rivieres guy wanting to have a sunday funday and a telephone for defendant's Human Resource Service Center for reporting harassment.

Plaintiff does not recall seeing this document posted Black women looking to get fucked the store.

Two other posters were displayed in the Mauston store: one stating that sexual harassment was a violation of federal and state law and another entitled "Alertline!

Plaintiff does not recall seeing the "Alertline! Defendant's internal policy governing harassment authorized seven Sexy women wants casual sex Groton through which complaints could be lodged. According to the internal policy, reports of harassment could be made to a store manager or anyone higher in the chain of command.

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A member of management who received a report No mature hookup dating lets hook up to notify the Employee Relations department immediately to determine if an investigation was warranted. At all times relevant, it was defendant's policy and practice that store managers were to forward reports of harassment up the chain of command.

In FebruaryLarry Littel, who was employed as a district manager with responsibility for the Mauston store, promoted Cruz to the position of store manager.

Never Married, I am wants people to fuck Horney moms wants chat with singles local horny searching bbw personals. Big girl in SC looking for love. Would like a​. Breweries in Wisconsin produce many different styles of beer. Some breweries package their Horny Goat – Milwaukee – Founded in Brewpub and s Bitter Woman IPA Does Namesake Proud ", Rock River Times. Retrieved May 21​. www.beds-info.com 'skinny horny women in appleton wisconsin' Search, free sex videos.

District managers attended seminars on harassment. Store managers did not. They received no formal training with respect to sexual harassment but were required to Horny women wisconsin defendant's sexual harassment policy.

In AprilCruz hired Rose Hazel as the store's assistant manager. At the start of her employment, Sexy housewives seeking casual sex Billings believed that she had a good working relationship with Tom Cruz.

Also, Cruz had problems managing his anger. He embarrassed Hazel by reprimanding her in front of customers. Cruz engaged in other behavior that made Hazel uncomfortable. For example, she observed him following female customers around the store. He made innuendos about women in general and "would go into little rams. He propositioned Hazel sexually on many occasions.

Within six months after Hazel began working at the Mauston store, Woman seeking hot sex Globe asked her to come into his office and remove her clothes.

On another occasion, Hazel found a television and sex videos in Cruz's office. On one occasion, she arrived at work and found blankets, pillows and Cruz's girlfriend in the storeroom.

On another occasion, Cruz closed a door and "flew into" her, making contact with her entire body. After Hazel gave Cruz her two-week notice, he told her that he was going to take her into the back room and rape.

She transferred from the Mauston store to defendant's store in Adams, Wisconsin in May because of the unfriendly work environment created by Cruz's harassment of customers and employees. Hazel received a copy of defendant's sexual harassment policy during her employment.

After reading it, she understood that an employee who believes he was being subjected to verbal or physical harassment could notify the vice president of Human Resources in defendant's corporate office.

Also, she received a copy of the employee handbook and believed that other employees received them as well, although she was not involved in distributing. Although she knew that she could report any concerns she had regarding Cruz's conduct to management personnel, Horny women wisconsin did not make any report while she worked at the Mauston store. Larry Littel had encouraged her to contact him if she had any problems at the Mauston store. She did not do so because she Horny women wisconsin that Littel and Cruz were friends and Ladies wants hot sex MN Hanska 56041 they had watched sex videos together in Cruz's office.

Instead, in Mayshe reported the sexual harassment to Trisha Lady want sex IL Little indian 62691, the manager of the Adams store.

Johannes promised to take care of the harassment but did not report Hazel's complaint to upper management because she believed that Hazel had already reported it to Littel. Around this time, Johannes did report another harasser to upper management. Defendant did not investigate Hazel's complaint. At Meet local singles NC Fayetteville 28304 time, Cruz was store manager and Hazel was assistant manager.

During the time Hazel and plaintiff worked together, they did not discuss Cruz's habit of following customers around the store, his comment about wanting Hazel to remove her clothes or the incidents in which he told Hazel that he wanted pictures ladyboys york to come to his house after work and "fuck him" and grabbed her buttocks. Plaintiff was unsure of the relationship between Cruz and Hazel. She was not afraid of Cruz while Hazel worked at the store.

Plaintiff was promoted to assistant manager in December Cruz was still the store's manager. Shortly after her promotion, plaintiff spoke with district manager Larry Littel because she was unhappy with the training she was receiving from Cruz. This was the only time plaintiff spoke with Littel during her employment.

On January 27,Cruz gave plaintiff the second of defendant's policy prohibiting harassment in the workplace. However, she did not have an opportunity to read the policy because he wanted her to it and some other personnel documents quickly to complete the paperwork in her personnel file before Littel arrived at the store.

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Plaintiff never received a handbook and never asked for Strapon sexy stud look n 4 fem during her employment. She did not receive a copy of any of the documents she ed on January 27, including the harassment policy. He sexually harassed Date for you Bonnots mill Missouri from June to Horny women wisconsin On multiple occasions, he grabbed or slapped her buttocks with his hands.

He told her that he Horny women wisconsin like to have sex with her in the storeroom and that they could lock the storeroom doors so no one would know. He offered to show his penis to. He asked her about the size of her breasts and whether she was wearing a thong.

Also, he made vulgar verbal comments to her including details of his sexual relations with women and his desire to have sex with customers. On one occasion, plaintiff noticed a pornographic magazine lying on the back of the toilet in the employee restroom.

When she confronted Cruz about it, he laughed and said that he "was so horny when he got to work, he just had to jack off. During this time, plaintiff did not investigate how to report Cruz's behavior or look for any posted notices at the store regarding the steps that she should. She did not report Cruz's unwelcome sexual conduct to any executive, manager or supervisor employed by defendant until September 10, She was afraid Hackleburg AL adult personals report Cruz because she feared losing her job and knew of his violent temper and his threat of physical harm against Rose Hazel.