Shaffer v. National Can Corporation

Nancy Shaffer (plaintiff) worked for National Can Corporation (National) (defendant), where she was allegedly continually sexually harassed for four years by plant manager Pat Dettorre. Dettorre asked Shaffer to go out with him and was insistent when she refused. One year, Dettorre publicly invited Shaffer to the company Christmas party. When Shaffer declined, Dettorre told her that if she did not accept that he could make things at work better or worse for her, depending on whether she decided to “play ball” with him. Dettorre also tried to have sexually related conversations with Shaffer. Dettorre made verbal sexual advances, talked about the sizes of female employees’ breasts, and suggested Shaffer should wear skirts with slits. When Shaffer repeatedly refused Dettorre’s advances, he retaliated by alternately mistreating and ignoring her. Shaffer claimed that Dettorre excluded her from certain luncheons and ignored her while being overly friendly toward other female employees. Shaffer alleged that Dettorre made it impossible for her to do her job, caused her severe mental anguish, and ultimately caused her to quit. Shaffer sued National for employment discrimination in the form of sexual harassment. National moved to dismiss, arguing that Shaffer’s complaint failed to state a claim for intentional infliction of emotional distress (IIED) because Dettorre’s behavior was not extreme and outrageous.