Woman files discrimination complaint, and her employer retaliates by allegedly shutting her into an attic.


Employee Files Lawsuit against American Beverage Corporation for Sexual Harassment and Retaliation

Janaye, a lab technician, was hired by American Beverage Corporation in 2011. During her employment, a male coworker began to sexually harass her. Janaye made it clear that his advances were unwelcome and inappropriate. But, he continued to make sexual comments, touch her inappropriately, talk about assaulting her, and invade her space. After trying to handle the situation on her own, Janaye reported the sexual harassment. She spoke to five different supervisors and HR personnel, but allegedly, nothing was done.

In October 2015, Janaye’s coworker harassed her near the time clock, and she asserts that he said, “I can’t do what I want to you now because of the camera.” Despite the fact that the interaction was on camera, American Beverage Corporation refused Janaye’s request to view the video. Janaye knew that this coworker had a history of sexually harassing another female coworker. Allegedly the company knew of the coworker’s history as well, but they did nothing to ensure that the sexual harassment stopped. Janaye feared for her safety.

Since the American Beverage Corporation failed to resolve the ongoing sexual harassment, Janaye filed an EEOC charge of discrimination. Her legal counsel sent two letters to Janaye’s employer demanding that they correct their illegal gender discrimination. After filing the EEOC charge of discrimination, Janaye recognized that her employer began retaliating against her. Janaye claims that her employer shut her into an isolated attic because “there was nobody there to make sure [Janaye] and [coworker] were separated.” And then, she claims she suffered write-ups for minimal offenses, such as wearing jeans or punching out one minute early, while other coworkers did the same on those days without receiving discipline.

Janaye claims that her employer shut her into an isolated attic because “there was nobody there to make sure [Janaye] and [coworker] were separated.”One day, Janaye met with a male lab technician to work on a project. According to Janaye, as she left the room, her supervisor ambushed her and declared that Janaye “must have been fucking” her coworker. The company suspended Janaye from work for almost three weeks without pay for this accusation. To add insult to injury, this same supervisor reported that Janaye had threatened her.

Despite still being employed by the American Beverage Corporation, Janaye seeks to end the continued discrimination against her. Naturally, the American Beverage Corporation denies these claims. However, KM&A challenges employers who discriminate against employees and allow sexual harassment to fester in the workplace.

Full text of this complaint, as filed with the District Court for the Western District of Pennsylvania, is available at docket no: 2:17-cv-01004-CB

Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.

For more information about this case, contact Attorney Christi Wallace at 412-626-5575 or at cw@lawkm.com.

NOTICE: All information contained in this statement comes from the Complaint which has been filed as a public record with the court. As dedicated civil rights attorneys, we strongly believe in the public value of telling our clients’ stories: violators can be held accountable, and other silent victims can feel empowered to stand up for their legal rights. Although we make every attempt to verify our clients’ claims, note that the defendant is expected to oppose our client’s position, and the court has not ruled one way or the other as of the date of this statement.