“Yet there is very little evidence that [the lender] took responsive action to prevent future harassment,” Judge Cannon stated. “Thus, a jury could find that CCM itself is directly liable for plaintiff’s alleged injury.”
Judge Cannon also found that CrossCountry Mortgage could be vicariously liable for the hostile work environment created by Bocca. The judge highlighted that the company had been made aware of prior allegations against Bocca, including one from a former employee who planned to sue him for sexual harassment. Despite these complaints, the company failed to take corrective actions, such as adding harassment reports to Bocca’s personnel file.
“The question before the court is whether CCM acted reasonably to correct and prevent workplace harassment at the Alpharetta branch,” Judge Cannon remarked. “A reasonable jury might answer no.”
Further, Judge Cannon ruled that evidence supported Nielsen’s retaliation claim, as well as her negligent retention and supervision claims. She also determined that Nielsen’s damages claim should proceed to trial, while her assault and battery claim should not be dismissed.
