“If she went along with it, it’s not harassment.”
Employers: Stop. Rewind. Think again.
When a manager ties an employee’s work schedule—or continued employment—to sexual favors, that’s not a gray area. That’s quid pro quo sexual harassment, plain and simple. And courts recognize it.
Case in point: Ollie’s Bargain Outlet, where a federal lawsuit is moving forward with serious sexual harassment and retaliation claims. The allegations? Disturbing—and instructive.
The Allegations Against Ollie’s Bargain Outlet
Here’s what the plaintiff says happened:
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She was hired at the Washington, PA location in September 2023.
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Her manager began flirting with her almost immediately.
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She has a neurological disability that limits her ability to interpret social cues and understand others’ intent.
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Her mother—concerned—warned the manager not to take advantage of her condition.
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In November, after her hours were reduced, she raised concerns. Around the same time, a co-worker made sexually explicit remarks and propositions. She reported it. Nothing happened.
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The manager then allegedly offered her more hours—but only if she added him on Snapchat and performed oral sex.
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After complying, she worked two more shifts. Then the manager asked her to “open up her availability.” She didn’t understand the euphemism.
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At his request, she continued communicating via Snapchat and sent nude photos—believing it would lead to more shifts.
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It didn’t. She was fired by phone weeks later.
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The manager told her she’d done nothing wrong and might be able to work at another location in six months.
She filed claims of sex discrimination, disability discrimination, and retaliation.
The Employer’s Response—and the Court’s Ruling
She sued both the manager and Ollie’s. The company tried to get five of the ten claims dismissed.
Only the disability discrimination claims were tossed. The rest—including sexual harassment, hostile work environment, and retaliation—are moving forward.
Ollie’s defense? That the manager wasn’t technically her employer, and she did get more shifts, so the harassment claims should fail.
The court wasn’t having it.
“Whether he actually provided the shifts thereafter is irrelevant,” the judge said.
The issue was that the manager conditioned additional work on sex. That, by itself, is enough to proceed.
Compliance Lessons for Employers and HR Professionals
It’s not enough to have a Code of Conduct, an anti-harassment policy, or even EEO training. Those are just statements. Employers must back them up with consistent action.
Ollie’s had policies on paper. But when it was time to act, the company allegedly did… nothing. That kind of inaction speaks volumes—to employees, to courts, and to the public.
Let’s be real: Most HR professionals care deeply about doing the right thing and protecting employees. But they can’t do it alone. If management ignores complaints or shields harassers, HR becomes powerless—and the company becomes legally exposed.
Ask Yourself:
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Do my managers understand what constitutes workplace harassment—and how to respond?
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Is HR empowered to act—or are they being undercut?
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Would I want to work for someone who treats employees this way?
A written policy means nothing without accountability. If your company isn’t backing up its values with action, don’t be surprised when employees walk—or when a lawsuit walks through your door.
Have thoughts? Share them in the comments—or reach out.
I regularly train employers and HR teams on how to build cultures of accountability that reduce legal risk, improve retention, and support compliance.
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