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Date: 06-14-2023
Case Style:
Case Number: 4:21-cv-00316
Judge: Jodi F. Jayne
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney:
Defendant's Attorney: Taylor Chase McBride
Description: Tulsa, Oklahoma civil rights lawyer represented Plaintiff who sued Defendant on a Title VII of the Civil Rights Act of 1964 for hostile work environment sex discrimination and retaliation theory.
Flintrock hired Read as an office assistant on or about January 9, 2019. ECF No. 42 at 2 (Flintrock Undisputed Fact No. 1). In her role as an office assistant, Read reported directly to Office Manager Ashley Phipps (“Phipps”). Id. at 2 (Flintrock Undisputed Fact No. 3). Shortly after hiring Read, Flintrock hired Harry Singh (“Singh”) as its Chief Operating Officer. Id. at 2 (Flintrock Undisputed Fact No. 7). Singh had supervisory authority over all employees at Flintrock's Oklahoma facility, including Read. ECF No. 45-1 (Flintrock “Chain of Command” chart).
Read initially enjoyed her job as an office assistant. ECF No. 42-14 (Brandy Read Deposition) (“Read Dep.”) at 29:9-15. However, Read claims Singh began sexually harassing her almost immediately after his arrival. Id. at 31:24-32:1. Specifically, Singh began repeatedly calling Read his “American wife,” “baby,” and “sexy petite thing,” and asked Read to go dancing with him. Id. at 34:4-11. He asked Read to find him a masseuse, and when Read replied that she would find one on the computer, Singh responded that she could “rub [him] down real good” instead. Id. at 34:9-15. Read testified Singh's harassing comments made her “uncomfortable.” Id. at 36:5-11. On another occasion shortly after his arrival, Singh told Read she could get an expected pay raise if she would spend the night with him. Id. at 106:13-17, 156:8-157:10.
Read testified this harassment went on for approximately one month before she formally reported it. Read Dep. at 34:18-23. Read believed that Phipps, supervisor Rocky Ferdig (“Ferdig”), and her mother Karri Read (“Karri”), who also worked at Flintrock, had witnessed at least some of Singh's harassing comments. Id. at 35:15-36:15, 38:10-23. At the time of her deposition, Phipps could not remember whether she witnessed Singh refer to Read as “baby.” Phipps Dep. at 121:3-5. Karri testified that Singh told her Read would be his “American wife” on multiple occasions. ECF No. 42-15 (Karri Read Deposition) (“Karri Dep.”) at 24:5-15. She initially thought it was a joke, but it became irritating after he repeated it so many times. Id.
Read testified she told supervisor Michael Polk (“Polk”) that Singh had asked her to go out dancing with him, which made her uncomfortable. Id. at 37:8-16. At the time of his deposition, Polk did not recall Read expressing concerns to him about Singh's harassing behavior. ECF No. 42-11 (Michael Polk Deposition) (“Polk Dep.”) at 29:9-25. Polk testified he had never heard or witnessed Singh engage in harassing behavior toward women or treat women any differently at Flintrock. Id. at 59:7-60:21, 78:16-18.
Read formally complained about Singh's sexual harassment to Phipps on February 14, 2019. ECF No. 42-13 (“Phipps Report”), at 2. Read initially emailed Phipps about Singh's behavior and then spoke to Phipps about the harassment. Read Dep. at 36:16-21. Read told Phipps that Singh had made harassing comments to her and asked her to go dancing with him. Id. at 39:610. Phipps said that “she would handle it.” Id. at 39:20.
Phipps prepared an investigation report, which she signed and dated February 15, 2019. Phipps Report at 5. In the report, Phipps stated that Read reported the “incident” to her on February 14, 2019. Id. at 2. Phipps stated she “ha[d] not witnessed inappropriate behavior between Harry and Brandy,” there were no witnesses to the accusations, and she “found no evidence to support the allegation.” Id. at 2-3. After interviewing Singh, Phipps concluded that she “honestly believe[d] [Read] modified [Singh's] words to work in her favor.” Id. Phipps recommended no action was needed. Id.
The Phipps Report appears to be missing at least one page. Page two begins with no header and an incomplete sentence: “during morning meetings.” The report also contains no description of the alleged “incident” Read disclosed to Phipps on February 14.
Read testified that Phipps did not report her investigation findings to her, and she had to follow up with Phipps about her complaint. Read Dep. at 40:1-7. Phipps responded that she had talked to Flintrock's female CEO Sinni Singh (“Sinni”), it was “handled,” and “[i]t won't happen again.” Id. at 40:7-9. Even after Read complained to Phipps, however, Singh allegedly grabbed Read's hips and shoulders. Id. at 105:7-13, 107:24-108:8.
Outcome: First NOTICE OF APPEAL to Circuit Court (paid $505 appeal fee; receipt number AOKNDC-2827064) (Re: 92 Opinion and Order, Ruling on Motion for Miscellaneous Relief, 94 Judgment, Awarding Attorney Fees, 93 Opinion and Order,, Ruling on Motion for Attorney Fees,,, ) by Oklahoma Flintrock Products, LLP (McBride, Taylor) (Entered: 06/15/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: