PITTSBURGH – Walmart says a former employee who was an alleged victim of discrimination, a hostile work environment and sexual harassment did not take advantage of enough corrective measures to prevent being the target of that behavior.
Julia Boyer first filed a complaint in the U.S. District Court for the Western District of Pennsylvania on Dec. 2 against Walmart Stores East, LP alleging violation of the Civil Rights Act of 1964.
Boyer alleged in her suit that during her employment as a dairy associate at Walmart from Oct. 12, 2018, through March 14, 2019 that she faced a “sexually hostile work environment and ongoing gender discrimination.”
She claimed a male co-worker would “leave his hands on the top of her breasts,” kick her buttocks, send threatening text messages to her and tell co-workers she was having sex with him, among other harassment.
Boyer alleged she had to quit her job due to the hostile work environment and that Walmart failed to take action except to offer her a transfer to another store.
On May 8, Walmart responded to Boyer’s lawsuit and wanted the case dismissed with prejudice, alleging she failed to properly state her claims.
“Plaintiff’s complaint fails to state a claim upon which relief may be granted. Defendant’s actions regarding plaintiff were, at all times, taken for legitimate, nondiscriminatory reasons. Even if defendant’s actions had been motivated by plaintiff’s gender, which defendant denies, defendant would have taken all of the same actions with respect to plaintiff. Defendant, at all times, acted reasonably and in good faith,” per counsel for Walmart in its answer to the complaint.
“Defendant took reasonable steps to comply with the anti-discrimination laws. Defendant maintains effective anti-discrimination policies and practices. The complaint is barred, in whole or in part, because defendant exercised reasonable care to prevent and to correct promptly any allegedly discriminatory conduct, and because plaintiff unreasonably failed to properly take advantage of any preventative or corrective opportunities provided by defendant or to avoid harm otherwise.”
The plaintiff seeks monetary and all other just relief.
The plaintiff is represented by Michael J. Bruzzese in Pittsburgh.
The defendant is represented by Allison R. Brown and Katelyn W. McCombs of Littler Mendelson, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:19-cv-01543
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com