Man Says He Rejected Female Supervisor’s “Inappropriate” Sexual Advances and Was Fired

Man Says He Rejected Female Supervisor’s “Inappropriate” Sexual Advances and Was Fired

A former employee of United Rentals is suing the company in U.S. District Court, alleging that he was the subject of inappropriate sexual actions by his female supervisor. He claims that when he rejected those advancements, he was punished and ultimately fired.

In the eight-page federal complaint filed in federal court this week, plaintiff Ricardo Cruz says his job was primarily to pick up, drop off, and service portable toilets.

According to the lawsuit, “Such conduct included inappropriate actions perpetrated by a female employee, who held the position of Dispatcher, including but not limited to this employee sending [Cruz] inappropriate and unsolicited text messages. This individual had supervisory and/or functional control over [Cruz] in that she was able to assign or deny routes, loads, or calls; control access to certain work; communicate instructions; relay assignments and like actions.”

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“[He] objected to this misconduct directly to the perpetrator. [Cruz] was clear and unequivocally declined the advances cited above,” according to the lawsuit.

Cruz, who is being represented by attorney Stephen Fanning, alleged the unlawful practices occurred "within the States of Massachusetts and Rhode Island."

 

After Rejection, Unnamed Supervisor Became Hostile, Claims Plaintiff

“Following [Cruz's] rejection, this female employee became hostile toward [him] and complained about him to the company. She had never previously complained about [his] work performance and reported him for alleged performance-related issues only after he rebuked her advances,” claims the lawsuit.

Cruz says that when he complained, he was fired by United Rentals. He further asserts that the company did not investigate the claims he made that he was sent sexual images by his female supervisor.

“Specifically, this employee reported [Cruz] to the employer for allegedly failing to fulfill his work duties. This report was false, exaggerated, and motivated by retaliation for [his] rejection of sexual advances,” claims Cruz’s lawsuit.

Further, the lawsuit asserts, “There was no basis for this employee’s allegations, and, before her clearly retaliatory report, [Cruz] had never previously been warned that his job was in jeopardy or that any previous warnings or disciplinary conduct formed the basis for a terminable offense...nevertheless, the Defendant terminated the [Cruz's] employment, specifically informing him that the basis for his termination was the report of the female employee referenced above.”

“At [his] termination meeting, [Cruz] informed the employer that he believed in good faith that he was being retaliated against by this female employee because he had declined her sexual overtures and reported that he had objected to her sending him inappropriate sexually oriented images,” claims the lawsuit.

 

Three Count Lawsuit

The lawsuit asserts the company is in violation of the Civil Rights Act of 1964 as it pertains to sex discrimination, hostile work environment, and retaliation. 

Cruz is asking for the court to award lost wages, economic damages, and other costs.