“He said, she said” is one of the clearest paths to trial for a plaintiff claiming workplace harassment or discrimination. This is particularly so when the statements in question are explosive. A clear example of this conundrum for employers was addressed in the recent decision of El v. Advance Stores, No. 17-2345, 2017 U.S. Dist. LEXIS 211887 (E.D. Pa. Dec. 27, 2017).
Plaintiff Promoted to Store Manager
Tahara El, an African-American woman, worked for Advance Auto Parts from 2002 until her termination in early 2016. She was promoted to general manager of Advance’s Upper Darby store in 2008. For what appears to be the next few years, El endured both gender and racial harassment from her then-supervisor, before he was ultimately terminated for harassing another employee. These allegations provide only a backdrop to the claims at issue in El’s lawsuit.
