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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

BOBBI-LYN REED, Plaintiff v. MBNA MARKETING SYSTEMS INC., et al., Defendants

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Docket No. 02-CV-28-B-S

ORDER SINGAL, District Judge Bobbi-Lyn Reed, a former employee of MBNA Marketing Systems, Inc., brought claims of sexual harassment against the company. Presently before the Court is

Defendant's Motion to Dismiss Counts III through V of the Complaint (Docket #4). For the following reasons, the Court GRANTS the Motion.

I. LEGAL STANDARD In assessing the Motion to Dismiss, the Court accepts all of Plaintiff's wellpleaded facts as true, and draws all reasonable inferences in Plaintiff's favor. See, e.g., Frazier v. Fairhaven Sch. Comm., 276 F.3d 52, 56 (1st Cir. 2002). Only when it appears that Plaintiff cannot prevail on any viable legal theory will the Court grant the Motion. See, e.g., Barrington Cove Ltd. P'ship v. Rhode Island Hous. Fin. Corp., 246 F.3d 1, 5 (1st Cir. 2001).

II. FACTUAL OVERVIEW Bobbi-Lyn Reed began working for MBNA Marketing Systems, Inc. ("MBNA") at its Orono, Maine, office in July 1999. At the time Reed was hired, MBNA was aware that her supervisor, William Appel, had a history of inappropriate sexual activity with his female subordinates. In 1996, MBNA had transferred Appel to his position at the Maine office after he became embroiled in a sexual relationship with a female employee at an MBNA office in Delaware. Shortly after Reed began working at the Orono office, Appel began making inappropriate sexual comments to her and other female employees. He also began to pressure her to baby-sit for his two-year-old son at his home after work. Reed agreed, and on the first evening that Reed baby-sat for Appel's son, in August 1999, Appel sexually assaulted her in his living room. After the incident, Appel warned Reed that she would be fired if she told anyone about it. Appel's sexually aggressive behavior continued towards Reed in the ensuing months. Reed did not report the behavior to MBNA, although other female employees at the company reported Appel's advances toward them. Because of Appel's continued attentions, Reed resigned from her position at MBNA in November 1999. Approximately seven months later, ho wever, Reed returned to work at the Orono office, and MBNA once again assigned her to a work group supervised by Appel. Almost immediately, Appel began making sexual comments to her. On numerous

occasions, he told her he wanted her to come over to his ho use and "baby-sit" again. When Reed eventually made it clear that she did not intend to return to his house, Appel became angry and began treating her poorly. In particular, he reprimanded her for

workplace infractions that he did not enforce against Reed's female co-workers. Finally, when Reed overheard Appel asking another female employee to baby-sit for his son, she reported the August 1999 incident to MBNA, and MBNA suspended Appel. Reed subsequently filed charges of sex discrimination with the Maine Human Rights Commission and the federal Equal Employment Opportunity Commission, and received "right to sue" letters from both. She then filed a Complaint in this Court. Counts I and II alleged violations of the Maine Human Rights Act ("MHRA"), 5 M.R.S.A.

Download GZS_04112002_1-02cv28_REED_v_MBNA.pdf

Maine Law