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Brozic v. Nichols12/2/1999
DATE OF ANNOUNCEMENT OF DECISION DECEMBER 2, 1999
JUDGMENT AFFIRMED.
Plaintiff-appellant Marilou Brozic appeals from the trial court opinion and order that granted the motions for summary judgment filed by defendants-appellees Julius Nichols and Sears, Roebuck & Company ( Sears ), thus terminating appellant's action based upon a claim of sexual harassment.
Appellant argues she provided adequate evidence to demonstrate Sears permitted and fostered a hostile work environment in contravention of R.C. 4112.02, thus contending summary judgment was improper. This court has reviewed the record, finds the trial court's order was appropriate and, therefore, affirms it.
The record reflects appellant began working for appellee Sears as an appliance salesperson in August, 1988 at the Mentor location. During her employment there, appellant had some difficulties relating to her supervisor; therefore, when, in the autumn of 1990, Division Manager Doug Dunson, who was a personal friend, offered appellant a position at the store located at Great Northern Mall, appellant took the opportunity to transfer.
In May 1992, Dunson was promoted to the position of Division Manager of Sears' Middleburg Heights location. Once again at Dunson's request, appellant transferred to that store. Several other people also were employed in her department, including appellee Julius Nichols, who worked part time.
This court has permitted her husband, Tim Brozic, to be substituted as a party.
In the summer of 1992, appellant was at the back of the department conversing with fellow employee Susan Oller when Nichols approached. Nichols asked appellant if she would accompany him to see the movie Indecent Proposal. Appellant was surprised at the invitation; she responded, bsolutely not, and, I'm married. Appellant interpreted Nichols' invitation to be a request for a date since she recalled conversation in the department that his wife was out of town. Although appellant occasionally discussed times of marital discord with her coworkers, she considered Nichols' invitation inappropriate. She later informed Dunson of the incident but made neither a formal written complaint nor a request for any specific action to be taken by Sears with regard to the matter.
Thereafter, appellant noticed Nichols started following around a lot, telling how much he loved while they were working. In the summer of 1993, Nichols invited appellant to accompany him to a formal dinner dance, explaining that his wife was out of town. Once again, appellant refused. Appellant was aware Nichols followed all the women around ; nevertheless, she felt uncomfortable around him. Since Nichols' behavior bothered appellant, she eventually spoke to Dunson about it while she, Dunson, and another employee were eating together in the employees' lunchroom. Dunson laughed. Appellant did not seem insulted by Dunson's reaction; she merely requested him to please take care of the situation. Thereafter, appellant made no inquiry as to whether Sears had taken any disciplinary action against Nichols.
The following winter, Nichols had contracted a cold; however, he still came to work. Nichols announced to appellant that he was sick and he was going to make sure that got sick, too. Nichols thereupon followed appellant around the department and coughed in face. Although appellant was not sure if Nichols was merely kidding around, when she became ill a few days later, she held Nichols responsible. The relationship between the two workers thus deteriorated. For example, appellant and Nichols competed over customers to the extent that, on one occasion, Nichols stuck his f
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