United States Equal Employment Opportunity Commission v. Favorite Farms, Inc.
8:17-cv-01292
M.D. Fla.Jan 4, 2018Background
- EEOC sued Favorite Farms under Title VII alleging a hostile work environment and retaliation based on sexual harassment by crew leader Hector Cruz; Eulalia Salazar‑Santiago intervened.
- Salazar‑Santiago worked as a seasonal field laborer in housing leased/provided by Favorite Farms and lived there with her children.
- Cruz, Favorite Farms’ crew leader, inspected Salazar‑Santiago’s apartment and, according to the amended complaint, pushed her into a bedroom and raped her.
- Salazar‑Santiago reported the rape to management; she alleges Favorite Farms took no disciplinary action and Cruz remained crew leader.
- Salazar‑Santiago asserted state tort claims against Favorite Farms for assault and battery (Counts V and VI); her IIED claim (Count VIII) was later voluntarily dismissed.
- Favorite Farms moved to dismiss the assault and battery claims under Rule 12(b)(6), arguing Cruz acted outside the scope of employment so the employer cannot be vicariously liable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Favorite Farms can be vicariously liable for Cruz’s alleged rape/battery | Salazar‑Santiago alleges Cruz used his authority as crew leader and relied on Favorite Farms’ housing/inspection role to commit the assault, fitting Florida’s exception where the tort was accomplished by virtue of the employment relationship | Cruz’s sexual assault was outside the scope of employment and therefore Favorite Farms cannot be vicariously liable | Court denied the motion to dismiss: allegations sufficiently plead the ‘‘accomplished by virtue of the employment’’ exception; vicarious liability is a fact‑intensive question for later stages |
Key Cases Cited
- Erickson v. Pardus, 551 U.S. 89 (2007) (pleading standard: allegations in a complaint must be accepted as true at motion to dismiss)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (legal conclusions not entitled to assumption of truth; pleadings must include factual support)
- Davila v. Delta Air Lines, Inc., 326 F.3d 1183 (11th Cir. 2003) (conclusory allegations insufficient to avoid dismissal)
- Doe v. St. John’s Episcopal Parish Day Sch., Inc., 997 F. Supp. 2d 1279 (M.D. Fla. 2014) (employer may be liable where employee used position of authority as the pathway to sexual abuse)