12/09/92 Debra S. Retherford V. At&T Communications

This case is before us on appeal from a grant of summary judgment dismissing plaintiff's complaint. Debra S. Retherford sued her former employer, AT&T Communications, under several theories for harms arising from alleged sexual harassment by her co-employees. Specifically, she alleged that AT&T fired her in retaliation for complaining of being sexually harassed by her AT&T co-workers. She argued that such a discharge violated Utah public policy barring reprisals for reports of sexual harassment. She also contended that the discharge breached a term of her implied contract with AT&T, which prohibited reprisal for reports of sexual harassment and was entirely separate from the agreement between her union's collective bargaining unit and AT&T. Retherford further asserted that AT&T was liable for negligently employing her harassers. Finally, Retherford sued former co-workers Cathy Bateson (aka Cathy Bateson-Hough), Louise Johnson, and Vickie Randall, claiming that their retaliatory conduct constituted intentional infliction of emotional distress and malicious interference with her contractual relations with AT&T.