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FAIR v. GUIDING EYES FOR THE BLIND
July 24, 1990
KIMBERLEY JOAN FAIR, PLAINTIFF,
GUIDING EYES FOR THE BLIND, INC., DEFENDANT.
The opinion of the court was delivered by: Goettel, District Judge.
This employment discrimination case was commenced by the
plaintiff pursuant to Title VII of the Civil Rights Act of
1964, 42 U.S.C. § 2000e et seq., alleging sex discrimination
and sexual harassment. The defendant has moved for summary
The plaintiff, Kimberley Joan Fair, is the former Associate
Director of Admissions for the defendant corporation Guiding
Eyes for the Blind, Inc. Guiding Eyes is a nonprofit
corporation with more than a dozen employees whose chief
purpose is to train and educate persons in the use of guide
The plaintiff's sexual harassment claim stems from many
conversations she had with Mr. Yablonski. The plaintiff
contends that Mr. Yablonski repeatedly spoke to her about his
alleged homosexuality*fn2 and tried to draw her into
conversation on the topic of sexual preference as early as her
first day of work. Because the nature of these conversations is
germane to the plaintiff's action and this motion, we will
delineate them here. The following are the alleged incidents
which the plaintiff contends constitute sexual harassment:
* On June 14, 1987, the plaintiff's first day of
work at Guiding Eyes, Mr. Yablonski and
plaintiff were at a work-related golf course
function. Mr. Yablonski referred to a man as a
"bitch" and said that the man had the gall to
have sexual relations with a certain woman.
* The next day he told the plaintiff that he hated
another man's former wife because she knew too
many of her ex-husband's secrets.
* Also that day, Mr. Yablonski challenged the
plaintiff's support for the Pope because of his
views on abortion and homosexuality.
* A couple of days later, Mr. Yablonski made
belittling comments about a man dressed in
pastel pants and discussed the apparent
significance of a man having a pierced ear as
denoting his homosexuality.
* Around June 18, 1989, while the plaintiff and
Mr. Yablonski were watching a slide
demonstration on blindness in the Third World,
Mr. Yablonski remarked that a sexually
transmitted disease caused blindness.
* About mid-July, Mr. Yablonski told the plaintiff
that she should not drink Minute Maid orange
juice because of the anti-homosexual remarks
made by Anita Bryant, a former spokesperson for
the brand, over a decade ago.
* Mr. Yablonski revealed to the plaintiff that he
had seen a psychiatrist who had told him he
would never have a meaningful relationship.
* On August 22, 1987, Mr. Yablonski remarked that
all the women present at a meeting were "looking
at [a certain man at the meeting] and
salivating, thinking about all that slurpy sex!"
To which the plaintiff ...
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