On Aug. 28, 2009, plaintiff Emily Guardia, a customer service and production assistant in her 30s, returned to a men’s suit company, then known as Euro Fashions and run by President Roger Keller. Guardia originally worked for the company between December 2002 and May 2004. She claimed she ultimately agreed to return to the company in 2009, but that she was subjected to a hostile work environment and that after attending and returning from a trade show in Las Vegas with her daughter, Keller and two coworkers circulated a letter around the office that alleged that she was engaging in an extramarital affair with one of the male coworkers. On April 2, 2012, Guardia gave her notice to leave the company. Guardia sued Keller and the operator of Euro Fashions, Roger Stuart Clothes Inc. Guardia alleged that the defendants’ actions constituted gender and national origin discrimination, sexual harassment, defamation, constructive discharge, and failure to prevent harassment and/or discrimination. She also alleged that the defendants’ actions created a hostile work environment and constituted an intentional infliction of emotional distress. Guardia claimed that when the company received monthly clothing samples from manufacturers, Keller asked the male workers to undress to their underpants at the showroom near Guardia’s desk despite the availability of dressing rooms. She also claimed that Keller used offensive nicknames for his employees based on their national origin, such as calling two Mexican employees “cucaracha” or “beaner,” calling an employee from Pakistan a “terrorist,” and calling a Filipino male employee “the dog eater.” Guardia further claimed that Keller allowed employees to watch pornography on company computers during work hours while in her presence and that Keller asked her about her sexual life while at work. She further claimed that after Keller circulated the defamatory letter accusing her of having an extramarital affair with a coworker, he required employees who were not in Las Vegas for the trade show to sign it. Guardia contended that she complained numerous times to Keller and the other employees about their behavior, but that nothing changed. Thus, she claimed that she was forced to leave the company. Defense counsel contended that Guardia took part in everything and that she did not complain enough, if the behavior was bothering her. Counsel also contended that Guardia forwarded email pornography and that when some discussion of a prison masturbatory tool came up, it was Guardia who searched for the term on the company’s warehouse computer. Thus, defense counsel argued that since Guardia participated in the environment, she could not have been offended. Counsel further argued that the letter was not harmful to Guardia., Guardia claimed the events at the company caused her emotional distress and impacted her married life. She claimed she was extremely hurt and impacted emotionally by the hostile work environment and the defamatory letter in particular because she holds her marriage sacred. However, she claimed her relationship with her husband has since recovered. During her gap of working for the company, between May 2004 and August 2009, Guardia had some outside issues and suffered from drug addiction. She ultimately made it through rehabilitation, but was in a vulnerable position when she returned to the company, as she was coming off of rehabilitation and a five-year gap in her employment history. Thus, Guardia claimed that she was intent on keeping her job and felt that she could not complain too much about it. After her constructive discharge, Guardia was diagnosed with adjustment disorder with anxiety and depression. She was subsequently put on medication and provided therapy through physicians. She also entered programs through a Kaiser facility and her church. Guardia claimed that since she did not want to continue taking medication, she became more involved with her church and has since improved. A few months after her termination, Guardia gained employment at a position making a higher salary.