Scott v. Plaques Unlimited, Inc.

46 F. Supp. 2d 1287, 1999 U.S. Dist. LEXIS 6115, 1999 WL 258329
CourtDistrict Court, M.D. Florida
DecidedApril 20, 1999
Docket98-1409-CIV-T-17E
StatusPublished
Cited by1 cases

This text of 46 F. Supp. 2d 1287 (Scott v. Plaques Unlimited, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. Plaques Unlimited, Inc., 46 F. Supp. 2d 1287, 1999 U.S. Dist. LEXIS 6115, 1999 WL 258329 (M.D. Fla. 1999).

Opinion

ORDER

KOVACHEVICH, Chief Judge.

This cause is before the Court on Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction (Dkt.10) and Plaintiffs Response to Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction (Dkt.14). The Court will also consider Defendant’s Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted (Dkt.10) and Plaintiffs Response to Defendant’s Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted (Dkt.14).

FACTS

Plaintiff brings a Title VII claim, alleging sex discrimination regarding her employment at Defendant Plaques Unlimited, Inc., et al. A recitation of Plaintiffs employment history is relevant in determining whether to grant Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction and Defendant’s Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted.

Plaintiff is a female who was eighteen years of age throughout her employment with Plaques Unlimited, Inc. In September, 1997, Plaintiff began her employment with Defendant as a telemarketer, at the rate of $6.50 per hour. Plaintiff obtained the position after an interview with Defen *1289 dant Hinchliffe, and upon the recommendation of her boyfriend, Michael Hutchinson, who was also employed by Defendant Plaques Unlimited.

During Plaintiffs first month of employment, she performed her duties well and developed a pleasant working relationship with Hinchliffe, Plaintiffs immediate supervisor.

In October, 1997, Plaintiff asserts she was subjected to unwelcome sexual conduct and other harassment and abuse in the workplace, including but not limited to, the following abuses:

(a) Hinchliffe began making personal comments about how attractive Plaintiff looked or how her legs looked. Hinchliffe commented on Plaintiffs clothes, weight, and hair. He told Plaintiff she was “so thin” and that she had “gorgeous hair.” On one occasion, Hinchliffe inappropriately rubbed Plaintiffs shoulders.
(b) On another occasion, Plaintiff found Hinchliffe and a customer looking at pornography on the Internet. Another time, Plaintiff found a Playboy magazine in Hinchliffe’s office.
(c) Hinchliffe once told Plaintiff that other women who had Plaintiffs position before her had performed sexual favors for the owner, Pewitt, and that Pewitt had even paid for a former secretary’s breast implants.
(d) Hinchliffe inquired into the type of relationship that existed between Plaintiff and Mr. Hutchinson. Hin-chliffe frequently attempted to drive Plaintiff and Mr. Hutchinson apart by inciting arguments between them. Hinchliffe criticized how Mr. Hutchinson treated Plaintiff, and assured her that he would treat her much better, including sexually.

Plaintiff asserts she was embarrassed and humiliated by Hinchliffe’s abusive behavior, but felt she needed the job to support her infant daughter. Plaintiff attempted to put a stop to Hinchliffe’s sexual harassment by dressing down at work, wearing long pants and skirts. Plaintiff claims she tried to unwelcome the harassment by looking upset or annoyed and attempting to avoid him altogether. Hin-chliffe talked to Plaintiff about “crazy sex” and discussing his relationship with his ■wife.

In January, 1998, Plaintiff claims the harassment became even more offensive. Hinchliffe made comments to Plaintiff such as, “I just want to lick you up and down,” while staring at her every time he was near her. He also promised to give Plaintiff a raise, but never did. Hinchliffe told Plaintiff that Pewitt was considering firing her, but assured her, “as long as you do what I tell you to, you won’t be fired.”

On February 20, 1998, Pewitt was discussing in front of Plaintiff the need for a “show girl” for an upcoming Las Vegas trade show, and how difficult it was to find one at the last minute. Plaintiff claims she felt she was being pressured into volunteering for the “show girl” position, and that she might lose her job if she did not agree,, and asked Pewitt if he wanted her to attend the trade show. However, Plaintiff claims she specifically requested that Pewitt not put her in the same hotel where Hinchliffe would be staying.

Pewitt asked Plaintiff if she had any “low cut, sexy business outfits” and gave her money to buy a slinky dress, have her nails done, “get a tan” and that he would pay for everything. He asked Plaintiff if she could “get a fake I.D.” because “Las Vegas is no fun if you don’t drink.” Plaintiff asserts that she reluctantly telephoned her older sister, and asked if she could use her I.D. Plaintiff’s sister agreed when Pewitt gave her the company’s Federal Express account number so she could overnight her drivers license to his hotel in Las Vegas.

On February 23, 1998, Plaintiff checked into her hotel and was given two keys to her room. However Pewitt told her he would keep one key because he felt Plain *1290 tiff would lose hers. On February 24, 1998, Pewitt arranged to meet Hinchliffe at a bar. Pewitt told Plaintiff to wear the dress he had purchased for her because it looked good and made her look older. That evening, Plaintiff felt pressured to drink when Pewitt and Hinchliffe purchased alcohol for her, including shots, wine, and hard liquor beverages.

On February 25, 1998, at dinner Hin-chliffe attempted to rub Plaintiffs legs and feet under the table. On February 26, 1998, Hinchliffe told Plaintiff, “I just want to grab your ass.”

When Plaintiff informed Pewitt that Hinchliffe had sexually harassed her, and suggested that Hinchliffe’s sexual advances were unwelcome and that Pewitt should put a stop to it, Pewitt responded, “Well, Brandy, you have to expect those things and use them to your advantage.”

Pewitt told Plaintiff that things were slow at the trade show, and that she needed to flirt with the customers. He showed Plaintiff how to bend over and pick something up without bending her knees and told her to dust the plaques that were higher up in order to show off her legs and stick her chest out when she spoke to customers. Pewitt also told Plaintiff they were meeting with a Japanese customer and to “just giggle at whatever the man said” because Pewitt loved the way Plaintiff giggled.

Upon returning to Florida after the trade show, Plaintiff claims she was scared, humiliated, ashamed, and in a virtual state of shock due to the above mentioned events. Plaintiff also asserts she was physically, psychologically, and emotionally unable to return to any work environment in which Pewitt or Hinchliffe would be present. Consequently, Plaintiff resigned from her employment with Defendants.

On March 4, 1998, Plaintiff filed written charges of discrimination and sexual harassment with the Equal Employment Opportunity Commission, Charge # 151980620, and a charge of retaliation directly based on her filing of EEOC Charge # 151980620 on April 17, 1998. On April 7, 1998, the EEOC issued a Notice of Right to Sue.

Since Plaintiff filed her charge with the EEOC, Pewitt has threatened to see to it that Plaintiff lose custody of her child by having Plaintiff declared an unfit mother.

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Bluebook (online)
46 F. Supp. 2d 1287, 1999 U.S. Dist. LEXIS 6115, 1999 WL 258329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-plaques-unlimited-inc-flmd-1999.