Fernwood Hotel & Resort, located in the Pocono Mountains, tried to bar the details of a supervisor’s alleged assault on a saleswoman from her sexual harassment suit, but the courts ruled the allegations are key to the woman’s case and will remain in her complaint.
The plaintiff, who worked as a timeshare sales representative at Fernwood, says Kurt Rawding, vice president of sales, imprisoned her in his Bushkill office and forced her to perform sexual acts on him in July 2006. After the assault, the woman quit her job at Bushkill Group, owner of the resort, and filed a police report.
Fernwood argued that the woman’s account of the assault was “inflammatory, prejudicial to all defendants, scandalous and impertinent” and should be stricken. The company noted that no legal or criminal determination has been reached regarding the incident.
Judge Richard Conaboy sided with the plaintiff, ruling that the alleged assault was relevant to her discrimination claims.
- Suspect an employee is being harassed? Ask if she wants an investigation
- Reduce discrimination risk by having same person hire, fire
- Worker doesn't have to say 'Harassment' to make claim
- Courts crack down on serial plaintiffs—and their lawyers
- Now is the time to develop a comprehensive whistle-Blower policy