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Atalla v. Rite Aid Corporation (CA5 F082794, filed 2/24/23, ord. pub. 3/14/23) Sexual Harassment | Offsite & Afterhours Texting between Former Friends

Plaintiff Hanin Atalla filed a sexual harassment, failure to prevent sexual harassment, wrongful constructive termination, discrimination, and retaliation action against her former employer, Rite Aid Corporation and Thrifty Payless, Inc., dba Rite Aid.  Atalla’s lawsuit stemmed from an offsite and afterhours text exchange she had with a Rite Aid district manager, Erik Lund, in which the latter sent lewd photographs to her.  Atalla and Lund knew each other, and were friends, from a time before Atalla started working at Rite Aid.  The Rite Aid defendants brought a summary judgment motion.  The trial court granted summary judgment in favor of the Rite Aid defendants as to all of Atalla’s claims.  Atalla appealed.  We affirm.