Dejesus

*630 MEMORANDUM *

I

DeJesus presented evidence that, over the course of a four-month period, Weston flashed a sign at her saying “show me your tits,” commented on her breasts, suggested they attend a party nude and insinuated that she should perform oral sex on him. This conduct is sufficiently severe to support a finding of hostile work environment. See Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 67 , 106 S.Ct. 2399 , 91 L.Ed.2d 49 (1986).

Because K-Mart’s compliance with Dejesus’s request to transfer her was part of its remedial effort and was not harm caused by the misuse of supervisory power, K-Mart did not engage in a tangible employment action. See Burlington Indus. v. Ellerth, 524 U.S. 742, 759-65 , 118 S.Ct. 2257 , 141 L.Ed.2d 633 (1998). K-Mart may therefore avoid liability for Weston’s conduct if (i) it acted reasonably to prevent and promptly correct harassing conduct, and (ii) DeJesus unreasonably failed to take advantage of preventive or corrective opportunities it provided. See id. at 765 , 118 S.Ct. 2257 .

K-Mart’s policy against harassment was a reasonable step toward preventing harassment: It was well-disseminated and conspicuously posted throughout the…