Fuentes v. AutoZone, Inc

In Fuentes v. AutoZone, Inc. (2011) 200 Cal.App.4th 1221, a female employee of an auto parts retailer complained of several comments made to her by her supervisors, in front of coworkers and customers, as well as comments made behind her back over four weeks' time. (Id. at pp. 1224--1225.) Specifically, the employee testified that her supervisors spread rumors that she had herpes, which she had contracted from a purported sexual relationship with a coworker. The supervisors also suggested to the female employee that she could make more money working as a stripper or a swimsuit model. In one incident, the supervisor physically turned the employee around to display her buttocks to customers, and later told her that, if she and he owned the store, they could be rich because all she had to do "'was just turn around and show them her butt.'" (Id. at pp. 1225, 1228--1231.) On other occasions, the supervisors referred to good-looking women customers as cougars, talked about strippers, and invited the employee to a strip club. (Id. at p. 1231.) On appeal, the employer challenged the jury's sexual harassment verdict, in favor of the plaintiff, on the ground that it was unsupported by substantial evidence. (Fuentes, supra, 200 Cal.App.4th at p. 1224.) The court rejected the argument, reasoning that inconsistencies and contradictions in trial testimony are to be resolved by the jury. The court further observed: "We infer the jury credited Fuentes's testimony and the testimony corroborating it in light of the unanimous verdicts on liability. . . . Fuentes was made the object of sexual humiliation and exploitation for the entertainment of managers, employees . . . , and customers. . When Garcia was confronted by Fuentes about the herpes rumor, he threatened to fire her if she raised the issue again. Significantly, he supported his threat by referring to a fictitious photograph of Fuentes kissing a coworker, another sexual reference. While these events occurred over a compressed period of time, the approximately three weeks between May 27, 2003 and June 19, 2003, we find substantial evidence that the harassment suffered by Fuentes was both pervasive and severe. . . . The incidents in which Garcia directed Fuentes to use her body to increase sales were physically humiliating. . . . The customers cheered and laughed at her . . . ." (Id. at pp. 1234--1235.)