Although supervisors assign tasks and issue discipline to servers, they do not set servers’ sc hedules and cannot terminate a server directly. In February 2020, Noel was one of three Signature Lounge supervisors, together with Jamie Brinkman and Deborah Cureton.

Detroit Entertainment hired defendant Rodney Noel in 2012 to work in the Signature Lounge as a supervisor. As a VIP Server, Harris serves drinks and food to high rollers in the casino’s Signature Lounge. Harris was hired to be a VIP Server and still holds that position today. Defendant Detroit Entertainment, which owns and operates MotorCity, is her employer. The Plaintiff’s Employment Plaintiff Dortensia Harris has been employed as a server at the MotorCity Casino Hotel since 1999. The following facts come from the discovery record and the affidavits filed by the parties with their motion papers. These facts issues preclude summary judgment. The record contains conflicting testimony and evidence as to whether Noel intended to touch Harris, whether doing so was outrageous, whether he was her supervisor, and whether MotorCity knew or should have known that Noel was harassing Harris and other servers. The Court will decide the motion on the papers submitted. The motion is fully briefed, and oral argument will not assist in its resolution. After discovery closed, the defendants moved for summary judgment. She brings claims under Title VII of the Civil Rights Act and state law. OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT Plaintiff Dortensia Harris filed a complaint against her employer and supervisor alleging that when she was employed as a server at the MotorCity Casino, she was sexually assaulted by shift supervisor Rodney Noel. d/b/a MOTORCITY CASINO, and RODNEY NOEL, Defendants. SOUTHERN DIVISION DORTENSIA HARRIS, Plaintiff, Case Number 20-13403 v. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

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