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Applying the hostile workplace test set out above, the district court concluded that the plaintiffs' complaints to their supervisors were not enough to put ABMK on notice of the harassment, especially considering the effort that the corporation put into preventing such incidents.
(147) The court concluded that, while "the evidence cannot be used to prove the timely plaintiffs found their workplace subjectively hostile, it is highly relevant to prove the sexual harassment was severe and pervasive and that ABMK had constructive notice." (148)
(149) In his opinion, the plaintiffs should have been required to show that ABMK knew or should have known of the harassment and failed to take prompt remedial action.
dictated mandatory sexual harassment and diversity training and provided the training to ABMK's human resources and safety professionals." (159) It certainly appears that, in any area where a parent corporation chooses to try to exercise control, even if for a worthwhile purpose, such an act will make that company more likely to be held liable for any type of liability created by its subsidiary.
(163) With this decision, the court allowed evidence of eighty-five complaints of similar treatment at the four hundred locations where ABMK provided janitorial services.
ABMI was able to get some of the original claims as to ABMK dismissed because the claims were filed more than ninety days after the Equal Employment Opportunity Commission (EEOC) issued right-to-sue letters.
In the original complaint, ABMK was not named as a defendant.
The district court explored two theories of liability for ABMI: (1) that ABMI so dominated ABMK's daily operations that it was effectively one entity constituting one employer and (2) that ABMI was linked to the alleged harassment because it controlled individual employment decisions.
The district court additionally found that, once ABMK did become aware of the harassment, its response was prompt and adequate.
(ABMI top officials approved the executive vice president, vice president of finance, secretary, and the board of directors for ABMK.).
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