Preston Kelley began working for Taher Acquisition Corp. in October 2006. Approximately three months later, Kelley’s supervisor, Mark Good, kicked him in the buttocks, laughed and blew kisses at him.
Kelley reported the incident to the company’s operations manager, Mark Augustine. Augustine warned Good that his behavior was unacceptable, and Good apologized to Kelley.
About a week later, Good again pinched Kelley on the buttocks and blew kisses at him. Kelley responded by throwing a milk carton at Good, who ran away. A co-worker reported the incident to Augustine, who brought Kelley in to speak with Taher’s general manager. The general manager said she would tell Good that his behavior would not be tolerated.
The following Monday, Kelley called Augustine and said he was quitting because he was uncomfortable working with Good.
Kelley applied for unemployment benefits, but was denied. He appealed, and an unemployment law judge found that Kelley had been sexually harassed. However, the judge still denied Kelley his benefits because he had not given Taher adequate opportunity to remedy the problem.
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