A teenage female high school student named Salazar was employed part-time at Church’s Fried Chicken Restaurant. Salazar was hired and supervised by Simon Garza, the assistant manager of the restaurant. Garza had complete supervisory powers when the restaurant’s manager, Garza’s roommate, was absent. Salazar claimed that while she worked at the restaurant, Garza would refer to her and all other females by a Spanish term that she found objectionable. According to Salazar, Garza once made an offensive comment about her body and repeatedly asked her about her personal life. On another occasion, Garza allegedly physically removed eye shadow from Salazar’s face because he claimed it was unattractive. Salazar also claimed that one night she was restrained in a back room of the restaurant while Garza and another employee fondled her. Later that night, when Salazar told a customer what had happened, she was fired.
Salazar brought suit under Title VII against Garza and Church’s Fried Chicken, alleging sexual harassment. Church’s, the corporate defendant, maintained that it should not be held liable under Title VII for Garza’s harassment. Church’s based its argument on the existence of a published fair treatment policy. Decide. [Salazar v Church’s Fried Chicken, Inc., 44 Fair Empl Prac Cas (BNA) 472 (SD Tex)]