5th Circuit says employer who tried to PIMP out female employees was not liable because employee had no damages.
Davenport v. Edward D. Jones & Co., L.P., 891 F.3d 162 (5th Cir. 2018) the 5th Court held that trying to PIMP out a female employee was not a tangible benefit lost by the female employee because she refused to be "whored out". This case involves the question whether a supervisor’s offer of an extra benefit to induce an employee’s submission is a “tangible employment action” if the employee refuses to submit and does not receive the extra benefit. A supervisor asked the employee to date a customer in exchange for a bonus. The employee refused and did not receive the bonus. The court held that theplaintiff suffered no “tangible employment action” because she failed to prove she was eligible for a bonus and that the supervisor had the power to grant or deny the bonus.