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her. On one occasion, according to Mrs. Russell, he pushed her ear very hard. Mrs.
Russell testified that in November or December 1997, the severity of the incidents
escalated and that on several occasions, Holder approached her from the rear, rammed his
erect penis into her buttocks and whispered in her ear, "Fuck you, Kitty. Fuck you." Mrs.
Russell testified that she reported all of these incidents to McDaniel and that McDaniel
responded that she would complete a discipline report on Holder. McDaniel never
completed such a report. According to McDaniel, Mrs. Russell reported no incidents
other than the ear incident and another incident involving a sheet pan.
Mrs. Russell testified that in January 1998, she was inside a pastry kitchen freezer when
she was hit in the neck by a plastic water bottle. Mrs. Russell reported the incident to
Doral Security, which subsequently informed Human Resources. Diana Allen, the
Director of Human Resources, spoke with Mrs. Russell. During this conversation, Mrs.
Russell identified Holder as the individual who threw the bottle. Allen asked Mrs. Russell
to document in writing the problems she had been having with Holder. After Mrs. Russell
completed her account of the incidents, Gina Diaz, the Assistant Director of Human
Resources, investigated the complaints and concluded that Mrs. Russell's complaints
were unfounded. In the course of the investigation, however, Holder admitted that he
touched Mrs. Russell on one occasion. In response, Diaz issued him a written disciplinary
warning that directed him not to touch other employees. Diaz also spoke with the pastry
kitchen employees about sexual harassment.
At the end of February 1998, Mrs. Russell's husband, George Russell, called Holder to
confront him regarding the various incidents. Holder did not respond. The next day,
according to Mrs. Russell, when she returned to work Holder said to Didier
Schmielowski, another pastry kitchen employee, in a voice loud enough for Mrs. Russell
to hear, "How many times sh...
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- Spring '08