CourtCases2010

Wells v colorado dept of transp 325 f3d 1205 1212

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Unformatted text preview: began to work under the supervision of one Jeff Rock, who was the manager of the Melbourne store. According to Ms. Blizzard and other employees who testified, Mr. Rock was a “hothead,” whose management style included yelling, screaming and berating her and the other employees around her. Much more troubling was her testimony that Mr. Rock constantly talked about his penis, including graphic descriptions of its size, and his sexual prowess, history, successes and aspirations. He would make lewd comments about female workers and customers, and whinny like a horse when an attractive woman would come into the store. Typical was the testimony of another female worker who said that on a couple of occasions Mr. Rock asked her what type of underwear she was wearing, and would stand inappropriately close to her when she was checking a sales ticket. A third female employee described Mr. Rock as “very unprofessional. Very, very dirty mouthed.” She confirmed that he “constantly” made sexual comments, and described his comments as follows: 277 He was always like referring to his private parts, quote/unquote, making jokes about his sexual abilities, always bragging about how he was a ladies' man or whatever, but he was just very dirty mouthed. This witness also confirmed that he “would always degrade women and was feared by many employees.” At trial Mr. Rock denied making sexual comments, but agreed that if he had discussed his penis, used profanity and asked a female employee about her underwear, that would at least constitute a violation of Appliance Direct's policies and procedures. One of the difficulties presented by this case arises out of the fact that according to Ms. Blizzard, Mr. Rock's sexual comments were not directed to her, nor did he ever touch her or make any sexual advances toward her. She, in fact, was under the impression that he did not like her at all. She did testify, however, about the favors and preferences that Mr. Rock would give to other women who were more receptive to his management style. She said in this respect: You can blow off whatever. But it was af...
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