(Names have been changed)
PLAINTIFF’S MEMORANDUM IN OPPOSITION TO DEFENDANT’S
SUMMARY JUDGMENT MOTION
2. Timing of Firing and Vice President's False Testimony on Material Facts
Prior to the 14-Day Evaluation, Truman spoke to Cara Jen, a manager of Defendant. (P. 56.1 Additional Fact 14). Truman told her what Plaintiff had told her, including that Plaintiff had told Truman that Pitt had looked down Plaintiff's shirt. (Id.) Jen then met with the Vice President of Defendant, Jennifer Telser. (P. 56.1 Additional Fact 15). Jen told Telser the following:
I told Jan [Telser] that we may possibly have a problem brewing; that [Truman] came to me and said that Jen [Plaintiff] felt that Mike [Pitt] was sexually harassing her by watching her walk across the room and standing above her, looking down her top when he’s training her.
(P. 56.1 Additional Fact 16). Telser replied that “maybe if she didn’t wear such low-cut tops, Mike wouldn’t be looking down her top.” (P. 56.1 Additional Fact 17). In contrast, Telser specifically denied that Jen said to Telser that Jen had been told that Pitt looked down Plaintiff's shirt. (P. 56.1 Additional Fact 20). She also denied that she said that if Plaintiff had not worn low cut blouses that none of this would have happened. (P. 56.1 Additional Fact 18).
Telser admitted that on September 27, 2004, Jen spoke to Telser at Telser’s work space about Plaintiff and Pitt. (P. 56.1 Additional Fact 19). However, Telser alleged that Jen said only that she was told that Pitt made Plaintiff feel “uncomfortable.” (P. 56.1 Additional Fact 20). Telser testified that she then went directly to the desk of Angela Keane, Defendant's Human Resources manager. (P. 56.1 Additional Fact 21). Telser allegedly told Keane that there was something Telser needed to address with Keane and Ms. Keane. (P. 56.1 Additional Fact 22). Telser testified that allegedly they both then walked to the office of Ms. Keane, the owner of Defendant. (P. 56.1 Additional Fact 23). Telser alleged that around 5:00 p.m. on September 27th she told Keane and Keane only that she heard from Jen that Plaintiff was “uncomfortable” around Pitt. (P. 56.1 Additional Fact 24). Keane allegedly stated that they needed to find out why.
(P. 56.1 Additional Fact 25). They allegedly agreed that this matter should be discussed with Plaintiff during her 14-Day Evaluation that was scheduled for the next day, September 28th. (P. 56.1 Additional Fact 26).
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Revised: 9/20/2008
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