Pharmacy technician sues over co-workers' inappropriate comments

By Michelle Keahey, East Texas Bureau | Jul 18, 2011

MARSHALL - A pharmacy technician claims she was subjected to a sexually hostile work environment by her co-workers and has filed a lawsuit claiming she was victim of discrimination.

Judy Hernandez filed suit against Brookshire Grocery Co. on July 6 in the Eastern District of Texas, Marshall Division.

Hernandez was hired in December 2007 as a pharmacy technician at Brookshire's Longview pharmacy. According to the lawsuit, the work environment became hostile around March 2009 when co-workers began talking about sexual acts.

Hernandez states she complained about the inappropriate comments many times over the next two years, but her supervisor did nothing. She was terminated in December after allegedly making a comment about a co-worker being fat, which Hernandez denies.

The defendant is accused of failing to equalize conditions of employment as contrasted with comparable trained and qualified males, adopting unreasonable, unwarranted and arbitrary standards and conditions of employment and advancement, failing to promote Hernandez as comparably trained and qualified males, and by subjecting Hernandez to a sexually hostile working environment.

The lawsuit argues the defendant subjecting Hernandez to sexual harassment to requiring or seeking to require her to participate in sexual activities in exchange for favorable treatment by her supervisor. Hernandez also argues the defendant retaliated against her after she complained about the sexual harassment in the workplace.

The plaintiff is seeking damages for lost wages and benefits, lost future wages, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, emotional distress, embarrassment, severe disappointment, indignation, shame, despair, public humiliation, punitive damages, attorney's fees and court costs.

Hernandez is represented by Tyler attorney William S. Hommel Jr.

A jury trial is requested.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:11-cv-00311

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