From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
Yankee Candle Co. must defend at trial disability harassment claims brought by a worker who alleged she was subjected to sexually offensive language regarding her hysterectomy, a federal court in Massachusetts held ( Zemrock v. Yankee Candle Co. , 2017 BL 37213, D. Mass., No. 14-30107, 2/7/17 ).
The case is the only Americans with Disabilities Act discrimination action that Yankee Candle has faced in the past five years, according to Bloomberg Law’s Litigation Analytics. The ruling provides practitioners with an example of evidence showing severe or pervasive harassment that will allow an employee’s hostile work environment claims under the ADA and Massachusetts law to survive pretrial dismissal.
Brenda Zemrock claimed that, following her hysterectomy, a male co-worker repeatedly made offensive comments, such as telling her she “could accommodate the largest dildo” and that she “could shove” it “up there and it would get lost,” the U.S. District Court for the District of Massachusetts said.
He also allegedly called her “an unstuffed turkey that every man wants to fuck because [she’s] a big open hole with an endless tunnel that every guy would love.” Zemrock’s supervisors purportedly laughed and joked along with the male co-worker instead of remedying the problem, despite Zemrock’s repeated complaints, the court said.
Additionally, the court allowed Zemrock’s ADA retaliation claim and state law sexual harassment claim to proceed to trial. But it dismissed other claims, such as one for constructive discharge because she chose to resign without first allowing Yankee Candle to correct the alleged harassment.
Attorneys representing Yankee Candle and Zemrock weren’t immediately available to respond to Bloomberg BNA’s Feb. 8 requests for comment. A Yankee Candle spokeswoman told Bloomberg BNA that the company doesn’t comment on legal matters.
To contact the reporter on this story: Jay-Anne B. Casuga in Washington at email@example.com
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)