Alphonse v. Omni Hotels Management Corp.

643 So. 2d 836, 94 La.App. 4 Cir. 0157, 1994 La. App. LEXIS 2543, 69 Fair Empl. Prac. Cas. (BNA) 465, 1994 WL 528535
CourtLouisiana Court of Appeal
DecidedSeptember 29, 1994
Docket94-CA-0157
StatusPublished
Cited by21 cases

This text of 643 So. 2d 836 (Alphonse v. Omni Hotels Management Corp.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alphonse v. Omni Hotels Management Corp., 643 So. 2d 836, 94 La.App. 4 Cir. 0157, 1994 La. App. LEXIS 2543, 69 Fair Empl. Prac. Cas. (BNA) 465, 1994 WL 528535 (La. Ct. App. 1994).

Opinion

643 So.2d 836 (1994)

Jennifer ALPHONSE
v.
OMNI HOTELS MANAGEMENT CORP., et al.

No. 94-CA-0157.

Court of Appeal of Louisiana, Fourth Circuit.

September 29, 1994.

*837 J. Douglas Sunseri, Nicaud & Sunseri, Metairie, for plaintiff-appellee Jennifer Alphonse.

Michael S. Mitchell, Audrey N. Browne, Fisher & Phillips, New Orleans, for defendant-appellant Omni Hotels Management Corp.

Before KLEES, CIACCIO and ARMSTRONG, JJ.

KLEES, Judge.

Appellee, Jennifer Alphonse, filed suit against appellant, Omni Hotels Management Corporation (OMNI), for an alleged violation of R.S. 23:1006 by one of its employees, Frank Gianelli. Ms. Alphonse was employed by appellant (doing business in New Orleans as the Omni Royal Orleans Hotel) from January of 1987 until her resignation in May of 1990. She alleged that her immediate superior, Mr. Gianelli, sexually harassed her until she was forced to resign. More specifically, Ms. Alphonse alleged that initially Mr. Gianelli ordered her to have meals with him at the hotel, to take walks with him at lunch in *838 the French Quarter, to accompany him to hotel functions as his date, to ride to and from work with him, and generally to hold Ms. Alphonse out as "his showpiece." Sometime in late 1989, however, Mr. Gianelli's attitude toward Ms. Alphonse changed and he began to berate her at work, to assign additional duties to her without additional pay or proper training, to scream at her that she was a "weak woman," and, if she cried because of his alleged ill treatment, to scream that she "must be on her period."

In late April of 1990, Mr. Gianelli allegedly visited the hospital where Ms. Alphonse's mother was recovering from a stroke. He ordered Ms. Alphonse to be at work on Monday stating that there was nothing wrong with her mother. When Ms. Alphonse returned to work on Monday, she resigned her position.

A bench trial was held on May 19 and 20, 1993. The court found for the plaintiff and awarded her $12,333.00 backpay, $85,000.00 general damages, $680.25 special damages, and $16,500.00 attorney's fees.

OMNI claims that the trial court erred in finding that Ms. Alphonse's trial testimony credibly established a prima facie case of sexual harassment; in determining that Alphonse established a violation of R.S. 23:1006; and, in awarding Alphonse general damages of $85,000.00 and attorney's fees of $16,500.00.

It is well settled that a court of appeal may not set aside a trial court's findings of fact in the absence of "manifest error" or unless it is "clearly wrong," and where there is conflict in the testimony, reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La. 1978). Further, when findings are based on determinations regarding the credibility of witnesses, the manifest error—clearly wrong standard demands great deference to the trier of fact's findings; for only the factfinder can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener's understanding and belief in what is said. Rosell, 549 So.2d at 844; Canter v. Koehring, 283 So.2d 716, 724 (La.1973). After considering the record as a whole, we conclude that the trial court was not manifestly erroneous in its finding that Ms. Alphonse's testimony was credible.

Appellant further contends that Ms. Alphonse failed to establish a prima facie case of sexual harassment under R.S. 23:1006. This statute prohibits intentional discrimination on the basis of race, color, religion, sex or national origin. Because the Louisiana statute is similar in scope to the federal anti-discrimination prohibitions in Title VII of the Civil Rights Act of 1964, Louisiana courts have routinely looked to the federal statute for guidance in determining whether a claim for sexual harassment has been asserted. Bennett v. Corroon and Black Corp., 517 So.2d 1245 (La.App. 4th Cir.1987), writ denied, 520 So.2d 425 (La.1988).

Title VII claims can be based on two different types of sexual harassment—"quid pro quo" or "hostile environment." "Quid pro quo" harassment exists when an employer places unwanted terms or conditions on employment, benefits or other employment advantages in exchange for sexual favors. A "hostile environment" is harassment that, while not affecting economic benefits, creates a hostile or offensive working environment. Meritor Savings Bank v. Vinson, 477 U.S. 57, 68, 106 S.Ct. 2399, 2406, 91 L.Ed.2d 49 (1986); Bennett, 517 So.2d at 1247.

It is apparent from the record that Ms. Alphonse's claim was based on "hostile environment" sexual harassment. A plaintiff may establish a violation of Title VII by proving that discrimination based on sex has created a hostile or abusive work environment. To prevail in a sexual harassment action based on hostile environment, a plaintiff must assert and prove that:

1) she belonged to a protected group;
2) she was subjected to unwelcome sexual harassment;
3) the harassment was based on sex;
4) the harassment affected a term, condition, or privilege of employment; and
*839 5) the employer knew or should have known of the harassment and failed to take proper remedial action.

Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900 (11th Cir.1988).

The trial court in the instant case found that Ms. Alphonse belonged to a protected group. OMNI attempted to remove this issue from the purview of Title VII because Ms. Alphonse is a heterosexual female and Mr. Gianelli was a homosexual male. However, those facts are irrelevant. Sex discrimination under Title VII is not limited to disparate treatment founded solely or categorically on gender; rather such discrimination "is sex discrimination whenever, sex, for no legitimate reason is a substantial factor in the discrimination." Bundy v. Jackson, 641 F.2d 934, 942-43 (D.C.Cir.1981). We agree with the trial court on this element.

The second element is whether the sexual harassment was unwelcome, that is, it was not solicited or desired by the plaintiff. Yates v. Avco Corp., 819 F.2d 630 (6th Cir. 1987). OMNI alleged that Ms. Alphonse willingly accepted preferential treatment from Mr. Gianelli, including having other employees demoted or passed over for promotion to allow her to advance in her position. Also, that Ms. Alphonse solicited the invitations for lunches, dinners, and walks through the French Quarter. Ms. Alphonse denied all of these allegations at trial. The trial court found that the evidence produced by OMNI concerning Ms. Alphonse's alleged solicitation of Mr. Gianelli's conduct was inadequate. Rather, the court found Ms. Alphonse's testimony and other evidence produced at trial on her behalf to be the more credible. We do not find the trial court manifestly erroneous in this finding of fact, and therefore, will not upset such a finding on review.

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643 So. 2d 836, 94 La.App. 4 Cir. 0157, 1994 La. App. LEXIS 2543, 69 Fair Empl. Prac. Cas. (BNA) 465, 1994 WL 528535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alphonse-v-omni-hotels-management-corp-lactapp-1994.