Question:
Lockard worked as a waitress for a Pizza Hut franchise owned by A & M Food Services. The national Pizza Hut franchisor produces several training documents for employees, including a booklet on how to bring sexual harassment complaints to the manager or district representative. The Pizza Hut franchisees actually operated and controlled the restaurants’ day-to-day business. Lockard claimed that the restaurant that she worked at maintained a hostile environment because the manager played songs on the jukebox with sexually explicit lyrics. Furthermore, the manager made her serve two specific customers who had a history of making sexual advances to her at the restaurant. She complained that she did not want to serve the customers, but the manager demanded that she do so. When she went back to their table, the customers grabbed and groped her as she tried to take their orders. Lockard quit and sued the franchisor and the franchisee. Should Lockard recover against the franchisor? The franchisee?