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For example, while standing together in line at a restaurant salad bar, Chalmers allegedly remarked, “nice melons!
” When asked about this during Ralston's subsequent investigation, Chalmers admitted making the intended double-entendre but characterized it as simple “boy talk.” According to Brady's complaint, in stressing the importance of confidentiality, Chalmers apparently felt compelled to warn Brady not to scream out information about Quaker's business “while in the throes of passion and ecstasy” with her husband.
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The district court affirmed the Committee's decision, and Chalmers appeals.
Kevin Connelly (argued), Martin Harris, Connelly, Sheehan & Moran, Chicago, IL, for Quaker Oats Co., Quaker Officers' Severance Program, Robert E. Leland Chalmers, a former Vice President in Quaker Oats' (“Quaker”) Tax Department, filed an action under the Employee Retirement Income Security Act (“ERISA”), 29 U. The Committee concluded that Chalmers was not entitled to severance benefits because sexual harassment constituted gross misconduct which thereby disqualified him from benefits under the terms of the plan.
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