When you think about sexual harassment claims, the first thing that likely comes to mind is a superior harassing another employee. However, what happens if the superior instructs another employee to date a prospective client?
Tyanne Davenport was hired to be the administrator at an Edward Jones Office. On multiple occasions, the office owner insulted, shouted at, and used profanity to describe Davenport. The owner’s comments eventually became sexual in nature. When the owner learned a wealthy prospective client wanted to date Davenport, the owner told Davenport to date the prospective client to receive a big bonus. Davenport said she already had a boyfriend and was not interested in dating the prospective client. The owner told her this about three additional times within the next month. One of the financial advisors made a comment about Davenport sending the prospective client some nude photos, which embarrassed and offended Davenport. Davenport never dated the prospective client.
Davenport reported the incident with the comment about nude photos to the district manager, who forwarded the complaint to an associate relations representative. Davenport filed a charge with the Equal Employment Opportunity Commission (“EEOC”). Although she referenced the incident involving comments about nude photos, she did not reference the manager’s offers to pay her a big bonus if she dated the prospective client. Over the next few months, Davenport met with a therapist who advised the company Davenport should not go back to the same office because of trauma from the incidents. She requested a transfer to another office, which was denied. Davenport eventually resigned.