PITTSBURGH – Walmart has settled litigation brought by a former employee who was an alleged victim of discrimination, a hostile work environment and sexual harassment.
Julia Boyer first filed suit 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.”
UPDATE
On July 18, counsel for the parties mutually filed a stipulation to dismiss the case. Through a prior mediation session and statistical closing of the case, it was implied the litigation was settled. Terms of any settlement were not disclosed.
“The plaintiff and the defendant, by their respective attorneys, stipulate and agree that, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the complaint and this action are dismissed with prejudice, without any award of fees and costs by the Court,” per the stipulation lodged with U.S. District Court Judge Nora Barry Fischer.
Prior to settlement and dismissal, the plaintiff sought monetary and all other just relief.
The plaintiff was represented by Michael J. Bruzzese in Pittsburgh.
The defendant was 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