In Equal Employment Opportunity Commission v. Fred Meyer Stores, Inc., NO. 4:24-CV-5085-TOR, 2024 WL 5077603 (E.D.Wash., 2024), the court denied defendant’s motion to dismiss or for a more definite statement (pursuant to Federal Rule of Civil Procedure 12(e)).
From the decision:
In the present matter, the Complaint satisfies the requirement of a hostile work environment claim at the pleadings phase as it alleges: (1) the employee was subjected to verbal or physical contact of a sexual nature or based on her sex, (2) the conduct was unwelcome, and (3) the abusive conduct was sufficiently severe or pervasive so as to alter the conditions of her employment thus creating an abusive working environment. Craig v. M & O Agencies, Inc., 496 F.3d 1047, 1055 (9th Cir. 2007) (internal citation omitted). Defendant does not challenge the adequacy of Lozano’s claims. As to the potential class of aggrieved employees, the Complaint alleges:
• From 2017 to 2020, the Male Clerk harassed a female Apparel Manager by asking her for inappropriate assistance during working hours, asking her to meet him outside of work, and wolf whistling at her. She reported this conduct to management. Even after she sought assistance from management, the Male Clerk continued to seek work related assistance from her. ECF No. 1 at 6, ¶¶ 16–19.
• From 2017 through 2021, the Male Clerk harassed an Apparel Associate by commenting on her body, inviting her to his cabin, waiting for her after work, and following her home. She reported this conduct to management. ECF No. 1 at 6–7, ¶¶ 20–21.
• In March 2021, the Male Clerk remarked that a Hardline clerk’s butt looked good, asked if she was losing weight, and pressed his hands on her apron near her genitals. After she reported this incident to management, the Male Clerk was suspended and instructed to behave professionally. ECF No. 1 at 7, ¶¶ 23, 25.
• From August 2021 until her resignation in December 2021, another Apparel Clerk complained to management that the Male Clerk made inappropriate sexual comments about how her body looked in certain clothes, stared at her, and told her she looked good. ECF No. 1 at 11, ¶¶ 44–45.
• Finally, in the fall of 2021, the Male Clerk made comments to a female Closing Manager about her appearance, leered at her, and followed her to the parking lot at night. In December 2021, the Male Clerk showed the Closing Manager an advertisement for a revealing dress and told her how good she would look in it. The Male Clerk was fired after she reported the incident to management on December 9, 2021. ECF No. 1 at 12, ¶¶ 47–48.
Accordingly, the court concluded that “[t]hese allegations provided are not impermissibly vague for purposes of Rule 12(e) because each state a potential claim for relief under Title VII.”