“This evidence is, to be sure, testament to the camaraderie and occasional crudeness that prevailed at the Alpharetta branch — a point that is undisputed,” Judge Cannon stated. “Contrary to CCM’s urging, however, this evidence does not demonstrate that plaintiff welcomed the alleged harassment.”
The judge emphasized that there was no evidence to suggest that Nielsen had “instigated, solicited, reciprocated, or otherwise welcomed” Bocca’s actions. She further stated that a reasonable jury could conclude that Nielsen had experienced “objectively severe and pervasive harassment,” given evidence such as Bocca’s sexual comments and instances of inappropriate touching.
CrossCountry Mortgage did not challenge Nielsen’s claim that the company was directly liable for Bocca’s conduct, according to the judge. Additionally, the judge pointed out that evidence indicated the company had been notified about Bocca’s alleged harassment of other female employees more than two years before Nielsen filed her lawsuit.
