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Minnis v. Oregon Mutual Insurance Company

6/7/2002

"(c) Telling another employee under his supervision that he wanted [Winters] to 'wear short skirts with fishnet stockings.'


"On or about May 28, 1995, * * * Tuck Minnis called [Winters] at home at 3:45 a.m. and implored her and her female roommate * * * to come over to his apartment to help him grieve the death of his brother. [Winters] and her roommate went to his apartment and stayed from approximately 4:30 a.m. until 9 a.m. During that time period [Winters] was subjected to sexually explicit, unwelcome, offensive and intimidating comments and conduct from [Tuck Minnis, including]:


"(a) Unwelcome forced kissing, and touching of [Winters's] breasts while pinning her arms against the wall;


"(b) Unwelcome lifting up of [Winters's] clothes and fondling [Winters's] body underneath;


"(c) Following Winters into the bathroom against her wishes and touching her against her will;


"(d) Intimidating and offensive graphic sexual comments * * * while forcing himself on top of Winters and asking her to have sex with him;


"(e) Unwelcome rubbing of [Tuck Minnis's] body against [Winters's] body;


"(f) Intimidating statements about his ability to fire employees at Little John's * * * , but that [Winters] should think of herself as his friend.


"Upon returning to work after the above described incident, * * * Tuck Minnis continued to subject [Winters] to unwelcome sexual conduct, comments, and attempted flirtation, to continue the pattern and practice alleged [above], and to retaliate against [Winters] for having resisted his past sexual advances. * * * Little John's * * * had no anti-sexual harassment policy, and no specified avenue or avenues of complaint.


"On or about June 6, 1995[,] while [Winters] was working at * * * Little John's * * * with * * * Tuck Minnis, and while no other employees were there, [Winters] was again subjected to sexually explicit, intimidating, unwelcome and offensive comments and conduct directed towards her by her supervisor, * * * Tuck Minnis, which included but were not limited to the following:


"(a) Attempting to tear off [Winters's] clothing in an apparent effort to rape her. * * * Tuck Minnis pulled on [Winters's] pants so hard that they fell down around ankles and * * * Tuck Minnis * * * fell off his chair;


"(b) Unwelcome and offensive graphic sexual comments * * *;


"(c) Unwelcome rubbing of [Minnis's] body against [Winters's] body;


"(d) Chasing [Winters] around the pizza parlor;


"(e) Unwelcome touching of [Winters's] body and grabbing her face.


"* * * * *.


"[Winters] reported the harassment described above to her mother and to other co-workers at the pizza parlor. [Winters's] mother and [Winters] reported the harassment to * * * John Minnis. * * *


"* * * * *.


"[Tuck, Minnis, and Little John's] retaliated against [Winters] for resisting and reporting the sexual harassment conduct * * * by engaging in a course of intentional conduct designed to further traumatize [Winters] and force her to quit, including but not limited to excusing and condoning * * * Tuck Minnis' conduct toward [Winters], retaining Tuck Minnis as an employee and continuing him as [Winters's] supervisor following the report of harassment despite the nature and severity of the harassment, assigning [Winters] to undesirable later night shifts, ordering her to change her wardrobe on and off work, setting rules for women employees that were not applied to men, reducing [Winters's] work hours, changing her job duties from hostess to cook, punitively treating her in a rude and angry mann

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