Secretary sues after supervisors refuse to address co-worker's sexual harassment

Michelle Massey, East Texas Bureau Jan. 3, 2011, 9:24am

MARSHALL-A former secretary has filed a lawsuit that claims management refused to handle or address a sexual harassment situation resulting in her constructive discharge.

Jennifer Denise Burch filed suit against Kezjar Motors Inc., doing business as Easttex Tractor & Powersports, on Dec. 22 in the Eastern District of Texas, Marshall Division.

According to the lawsuit, Burch began working for the defendant as a secretary in July 2006. She states that on four separate occasions from March 2007 to April 2008 that one of her co-workers grabbed her and made sexually suggestive comments.

Burch states she complained to management but they refused to address the sexual harassment. On April 23, 2008, the co-worker allegedly made another sexual comment to Burch and she found it necessary to leave the work site.

"Feeling that the working circumstances had become unconscionable and unbearable, Ms. Burch felt that she had no choice but to resign in order to preserve her own well-being and dignity. Ms. Burch turned in a resignation letter later that day," the lawsuit states.

The defendant is accused of violating Burch's civil rights by failing to address the situation.

The plaintiff is seeking damages for mental anguish, punitive damages, attorney's fees, court costs and interest.

Burch is represented by Sherman attorney Benjamin A. Baker.

A jury trial is requested.

U.S. District Judge David Folsom is assigned to the case.

Case No. 2:10-cv-00585

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