This is from Pacira's response to RA's attorneys:
39. Plaintiff also stated that in 2016, another male colleague, Justin Sherrod, touched her a “little too low” when greeting her with a hug “every now and then”. (Exhibit 10, Abell Dep., at 67:11-18, 67:8-68:11). Additionally, she identified Sherrod as making the “joke”, at an unidentified time, that “the reason she was so successful” was because she had romantic or sexual relationships with her clients.3 (Exhibit 10, Abell Dep., at 213:10-24). 2 These underlying facts are not “undisputed” by Defendants. However, Defendants acknowledge that Plaintiff testified as to these occurrences. Thus, for purposes of the instant motion only and conducting a summary judgment analysis in the light most favorable to Plaintiff, Defendants take these allegations as “true.” Defendants reserve all rights to dispute these allegations if any claim proceeds past summary judgment to trial. 3 These underlying facts are not “undisputed” by Defendants. However, Defendants acknowledge that Plaintiff testified as to these occurrences. Thus, for purposes of the instant motion only and conducting a summary judgment analysis in the light most favorable to Plaintiff, Defendants take these allegations as “true.” Defendants reserve all rights to dispute these allegations if any claim proceeds past summary judgment to trial. Case 2:18-cv-16509-MCA-AME Document 83 Filed 05/07/21 Page 11 of 24 PageID: 851 12
40. Plaintiff admitted that she did not report any instance of sexual harassment during her employment with Pacira. (Exhibit 10, Abell Dep., at 72:9-11).
Specifically, when asked:
Q: Just so we’re clear, you never reported any sexual harassment about yourself.
A: No. (Abell Dep., 72:9-11).
41. During Plaintiff’s employment, Christenson and Sherrod held the title of Surgical Sales Associate, or “SAS”. (Exhibit 10, Abell Dep., at 57:1-11). Christenson and Sherrod worked in the Midwest and Southeast regions, respectively. (Kahr Cert., at ¶ 6; Exhibit 6, Organizational Chart, at Pacira 000108, 000110).
42. When asked whether Plaintiff had been aware of policies which states that complaints of sexual harassment would be investigated promptly,” and “failure to report complains of unlawful harassment hampers the company’s ability to take necessary steps to remedy such situations,” Plaintiff stated “yes.” (Exhibit 10, Abell Dep., at 78:2-12; see also Exhibit 8, Employee Handbook, at Pacira 000292).
43. When asked whether Plaintiff “realize[d] [that] when [she] chose not to record these incidents of sexual harassment that the company couldn’t do anything to help you,” Plaintiff stated: “yes.” (Exhibit 10, Abell Dep., at 78:13-16; see also Exhibit 8, Employee Handbook, at Pacira 000292).
44. When asked whether Plaintiff knew that the company had a policy prohibiting any form of retaliation against individuals, who in good faith, report unwelcome conduct or who cooperate in the investigation of such reports in accordance with this policy,” Plaintiff stated: “yes.” (Exhibit 10, Abell Dep., at 78:17-79:3; see also Exhibit 8, Employee Handbook, at Pacira 000292). Case 2:18-cv-16509-MCA-AME Document 83 Filed 05/07/21 Page 12 of 24 PageID: 852 13 45. Additionally, Plaintiff specifically stated: “I am not seeking compensation for people touching me or not reporting them. . . it was my choice to stay quiet.” (Exhibit 10, Abell Dep., at 63:19-24).
Lance N. also reported RA had made sexual innuendos and suggestions to him, which he reported. Was unable to cut & paste these due to CF space limitations.
Both Sherrod and Noble were promoted to RDs.
