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Torts Keyed to Henderson
Anderson v. Save-A-Lot, Ltd
Facts
Plaintiff is Bernice Anderson, employee of Defendants Save-A-Lot Foods. Plaintiff was co-assistant manager of one of the grocery stores in Memphis. Plaintiff and Kenneth Bush worked at the same Jackson Ave. store for two to three months while assistant manager Bush was training to be a manager. Plaintiff stated Bush told her “he did not like her and that he did not like the fact that he had to ask her to show him how to perform certain tasks.” Bush became manager, was moved to the Frayser Blvd. store, and requested Plaintiff be transferred to his store. Plaintiff worked at the Frayser Blvd. store for around one year. Plaintiff’s deposition testimony alleged Bush, her immediate supervisor, sexually harassed her daily during the course of her employment. Plaintiff made various complaints of the sexual harassment, such as Bush making lewd comments and gestures, making requests to engage in sexual relations, making accusations of Plaintiff having sexual relations with other employees. Plaintiff did not report the behavior for some time due to fear of losing her job and because Bush allegedly threatened “he knew where she lived and that he would kill her if she told anyone about the harassment.” Plaintiff finally reported the behavior to management, an investigation ensued, and Plaintiff was transferred to a different store location. Plaintiff claimed her harm of post-traumatic stress disorder, depression, medical expenses, and an inability to work as a result of Bush’s sexual harassment. Plaintiff filed workers’ compensation complaint to be reimbursed for medical expenses and lost wages. Plaintiff also filed a complaint in federal court claiming violations of both the Tennessee Human Rights Act and the Civil Rights Act of 1964, Title VII. Shelby County Chancery Court granted summary judgment to Defendants. Special Workers’ Compensation Appeals Panel reversed and remanded.
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