United States District Court, N.D. Oklahoma
OPINION AND ORDER
TERENCE KERN United States District Judge.
the Court is Defendant's Motion for Summary Judgment
(Doc. 30), wherein Defendant moves for summary judgment on
Plaintiff's two remaining claims: (1) Title VII sexually
hostile work environment; and (2) negligent supervision under
Mallorie Hamlin is a twenty-four year old female classified
as mentally retarded. She receives Social Security disability
checks payable to her mother on a monthly basis based on this
condition. Plaintiff needs assistance in remembering to
bathe, wear clean clothes, and take care of herself. At
relevant times, she has resided with her mother or
grandmother, who drive her to her place of employment.
Plaintiff has difficulty recalling when things occurred and
placing events in chronological order. At the time of
relevant events, Plaintiff was not taking any
of 2012, when she was approximately 20 years old, Plaintiff
was hired by Defendant SMG Holdings, Inc. to work part time
as an Environmental Services Attendant (“ESA”) at
the BOK Center. An ESA's duties include cleaning and
disposing of waste in a designated area. A “job
coach” from a vocational rehabilitation service helped
Plaintiff obtain the interview and attended the interview
with her. Plaintiff's work schedule is sporadic and based
on the number of events held at the BOK Center. Plaintiff
worked the following total amount of hours during the past
four years: (1) 2013 - 435.25; (2) 2014 - 477.46; (3) 2015 -
444.47; and (4) 2016 - 375.05. Plaintiff has been
continuously employed as an ESA since she was hired in 2012.
direct supervisor, David Welch (“Welch”), his
supervisor, Angela Shelton (“Shelton”), and
Defendant's Human Resources Manager, Allen Curd
(“Curd”), have been aware Plaintiff suffered from
some type of disability since the outset of her employment.
Specifically, Shelton was aware that Plaintiff was not at an
age-appropriate developmental stage and that Plaintiff had
difficulty comprehending instructions and communicating her
thoughts. When Plaintiff was hired, Shelton and Curd
discussed that Plaintiff may need “extra help”
and that she should be kept away from the public during
events. As another example of Plaintiff receiving
“extra help, ” Welch wrote down Plaintiff's
schedule for her and helped ensure her mother or grandmother
claims that, in November or December of 2013, a co-worker
named Kevin Williams (“Williams”) raped her on
two different occasions while they were at work. Williams is
a part-time employee in “operations” and works
during BOK events. The first alleged rape occurred in a
laundry room behind a washer and dryer (“laundry
incident”), and the second occurred in a catering area
(“catering incident”) (collectively “2013
incidents”). Plaintiff testified that she told Welch
about the laundry incident immediately after it occurred:
Q. After the first time in the laundry room, did you tell
anybody what had happened?
A. Told David.
Q. Do you remember what you told David?
A. Yeah. I told him, I said, Dave, can I go home. That's
all I said because Kevin was bothering me, so he let me go
home and come back after that.
Q. So you didn't tell Dave that Kevin Williams had just
had sex with you in the laundry room?
A. Yes. Yes, I told him that.
Q. You did tell him that?
Q. Okay. Do you remember when you told ...