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Obtained Summary Judgment on Behalf of a Restaurant in the United States District Court for the Southern District of Mississippi on a Title VII Sexual Harassment and Sexual Discrimination Case

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July 2014

Obtained summary judgment on behalf of a restaurant in the United States District Court for the Southern District of Mississippi on a Title VII sexual harassment and sexual discrimination case. The plaintiff alleged that she had been subjected to vulgar remarks and inappropriate touching during her employment.  The District Court granted summary judgment on the basis that the employee failed to reasonably take advantage of available corrective opportunities that were in place at the time of the alleged harassment. Namely, the Court held that the employee should have reported the behavior to higher management when she perceived that her initial reports were ineffective. In addition, the Court held that the discrimination claim failed because the plaintiff resigned before the employer could correct the harassment.