A third lawsuit has been filed against Exp Realty and a former top agent, this time alleging sexual harassment.

Misty Carter cites herself as a Nevada based former Exp Realty agent from December 2021 to June 2022.

It should be noted that Carter (right) also cites herself as an employee of Exp Realty. Typically MLM distributors/affiliates are classified as independent contractors.

Named defendants in Carter’s Complaint are:

  • Chris Nevada, a former top Exp Realty agent
  • Chris Nevada P.C., dba Nevada Real Estate Group, two companies owned by Chris Nevada; and
  • Exp Realty

Carter alleges her time at Exp Realty was marred entirely by

a course of sexual harassment which a reasonable woman could readily have found sufficiently egregious and/or offensive to constitute a work environment permeated with sexual hostility.

Carter alleges Chris Nevada (right) was behind her sexual harassment.

[Carter]’s work environment was rendered sexually hostile by the actions and statements of Chris Nevada.

Chris Nevada’s offensive conduct included, but was not limited to:

-offers to take [Carter] on vacations and/or trips;

-inappropriate questions directed at [Carter] about her body;

-offensive questions as to [Carter]’s personal relationships;

-offers to pay [Carter] for sex;

-remarks re how he likes or loves younger women because he can easily pay them for sex;

-questions re whether [Carter] had had breast surgery;

-sexual remarks directed at and about other women, including other female employees;

-unwanted touching, e.g., hugs, which [Carter] considered offensive in context with Chris Nevada’s sexual advances and offers of money for sex;

-a slap or slaps directed at [Carter]’s posterior;

-attempts to kiss [Carter]; etc.; open displays of dating sites on a work computer, on the work premises, which Chris Nevada let it be known he used to “hook up” with women for sex;

-sexual conduct directed at other female employees on the work premises;

-an invitation or invitations to attend hot tub parties at his home, in conjunction with discussing [Carter]’s lack of a boyfriend;

-discussions of Chris Nevada’s interactions with prostitutes; and

-sexually oriented texts and other messages

Carter alleges at some point she “complained” to Nevada “and requested an apology re his inappropriate sexual conduct.”

Nevada is alleged to have

failed to apologize to [Carter] and instead criticized [Carter] for failing to better communicate and for otherwise coping with his inappropriate sexually oriented remarks and conduct.

Carter alleges Exp Realty was aware of Nevada’s alleged misconduct. Carter further alleges that in response to her complaints, Exp Realty terminated her.

[Carter] opposed Chris Nevada’s sexual harassment, including his attempts to establish a sexual relationship with plaintiff.

Alternatively, Chris Nevada mistakenly perceived plaintiff opposed sexual harassment.

[Carter]’s employment was terminated in response to her opposition to sexual harassment perpetrated by Chris Nevada, or alternatively, based on Chris Nevada’s mistaken perception plaintiff had engaged in such opposition.

Specific causes of action raised against Nevada by Carter include:

  • sexual harassment;
  • retaliation;
  • battery;
  • infliction of emotional distress; and
  • malicious interference with prospective economic advantage

As a direct and proximate result of being sexually harassed, [Carter] suffered emotional distress, loss of enjoyment of life, associated sleep and physical symptoms, fear and/or apprehension and general distress.

It has been necessary for [Carter] to incur costs and retain counsel in order to attempt to vindicate her federally protected right to a workplace free of sexual harassment and/or retaliation.

Looking at Carter’s case docket as of May 2024;

  • Carter’s lawsuit was filed in Nevada on January 16th, 2024
  • a First Amended Complaint was filed on January 22nd, adding NREG LLC as a defendant
  • Chris Nevada accepted service on January 23rd
  • Exp Realty filed its answer to Carter’s Complaint on February 26th
  • Chris Nevada filed his answer to Carter’s Complaint on February 27th
  • at a May 22nd “virtual early neutral evaluation session”, “the parties advise the Court that they have reached a settlement”

Pending execution of the private settlement between Carter, Nevada and Exp Realty, the parties have been directed to file a dismissal stipulation by June 24th.

 

Update 25th July 2024 – Misty Carter filed a “stipulation to dismiss” her case on June 25th.

The parties have mutually decided to dismiss this lawsuit, including any claims or counterclaims that could have been asserted therein.

The court approved the stipulation later the same day, noting that each party will pay its own costs.

The stipulation suggests a settlement was reached, details of which have not been made public.