after she began working at UCT. Throughout the term of Burdi's employment, Cihak regularly made derogatory and sexual comments to her and rubbed her leg.
On one occasion, in June or July of 1994, Cihak called Burdi into his office, shut the door, pinned her arms to her sides by wrapping his arms around her, and forced his tongue into her mouth. Burdi wrestled out of Cihak's hold, ran out of the office, and told her co-workers what had happened. Later that day, Burdi called Midwest and reported the incident to Robert Stepien ("Stepien"), the Director of Training and Marketing. Stepien advised her to quit her job. A couple of days later, Stepien called Burdi at work to tell her that, because of its serious nature, he had toabsence of any one factor is not controlling." Rogers, 7 F.3d at 582.
The affidavits submitted by both sides and the franchise agreement between UCT and Midwest establish that the two companies have separate offices, bank accounts, management and ownership. It is only with respect to whether Midwest exerted financial control over UCT, over UCT's employees, and over UCT's relations with its employees, that plaintiff has made the slightest showing. In her affidavit, Burdi states that various UCT employees were required to attend sales and productivity meetings at the Midwest office as often as every other week. She further states that Stepien, Midwest's Director of Training and Marketing, accepted her complaints of sexual harassment against Cihak and reported them to Roe, Midwest's president.
However, the type of financial control that