Ford v. Revlon, Inc.

Leta Fay Ford (Plaintiff) worked at Revlon, Inc. (Defendant) for ten years, most recently in the company’s purchasing department in Phoenix, Arizona. Karl Braun (Defendant), a purchasing department manager was Plaintiff’s supervisor. During a “business” dinner and later at a company picnic, Braun made inappropriate sexual comments and touched Plaintiff in a sexual manner. After Plaintiff rejected Braun’s advances, he informed her that she would “regret this.” Thereafter, Plaintiff spoke with a number of Revlon personnel about the unwanted contact and statements made by Braun. When meeting with a personnel manager, Plaintiff became very emotional when recounting the incidents and said that she was afraid of Braun. Plaintiff also petitioned for a transfer out of the purchasing department. During the time of the harassment, Plaintiff developed high blood pressure, a nervous tic in her left eye, chest pains, rapid breathing, and other symptoms. After Plaintiff had spent more than nine months speaking to various Revlon personnel, Braun was first confronted and told that he would be “closely monitored.” A full year and one month after Braun’s initial act of harassment he was issued a letter of censure from Revlon. Almost four months later, Plaintiff attempted suicide. Shortly thereafter, Braun was terminated. Plaintiff sued Braun and Revlon for assault and battery and for intentional infliction of emotional distress. A jury found Braun liable for assault and battery, but not liable for intentional infliction of emotional distress and found Revlon liable for intentional infliction of emotional distress, but not liable for assault and battery. Revlon appealed. The court of appeals reversed and held since Braun, as an agent of Revlon, could be found not guilty of intentional infliction of emotional distress, then Revlon, as principal, could not be found guilty. The Arizona Supreme Court granted review of the case.