In December 2005, Shira Garfinkel was hired by Destination Resorts & Hotels Inc., a nationwide hotel/condominium property management corporation, as a banquet food server at The Resort at Squaw Creek near Lake Tahoe. Garfinkel claimed that soon thereafter, a male coworker began harassing her, both verbally and physically, in the workplace. She claimed she ultimately complained to management about the harassment and in response, her position was changed from a banquet food server to a part-time bartender. As a result, Garfinkel quit the position. Garfinkel filed a complaint with the Equal Employment Opportunity Commission, which ultimately filed suit against Destination Resorts & Hotels Inc., alleging sexual harassment and retaliation. Garfinkel claimed that the male coworker in question harassed her by making improper remarks, often about wanting to take her out or start a relationship, as well as improper touching by repeatedly rubbing up against her. She alleged that when she complained about the harassment to management, rather than mediating the matter or transferring the male employee, management transferred her to a part-time bartender position, which reduced her seniority, hours and earnings. Thus, Garfinkel claimed the transfer was a form of retaliation, which ultimately led to her quitting due to the lowered hours and pay. Destination Resorts disputed Garfinkel’s claims of harassment, claiming that it could not verify what happened between Garfinkel and the male employee, and that it couldn’t determine whether or not the male employee engaged in any wrongful conduct. Thus, it claimed that it could not take any adverse action against the male employee., The EEOC sought monetary damages for Garfinkel’s lost back pay and for her emotional distress. It also sought terms of injunction to be set forth in a consent decree.