American Government
1st EditionGlen Krutz
412 solutions
Fundamentals of Engineering Economic Analysis
1st EditionDavid Besanko, Mark Shanley, Scott Schaefer
215 solutions
Operations Management: Sustainability and Supply Chain Management
12th EditionBarry Render, Chuck Munson, Jay Heizer
1,698 solutions
Introductory Business Statistics
1st EditionAlexander Holmes, Barbara Illowsky, Susan Dean
2,174 solutions
Scheduled maintenance: Thursday, December 22 from 3PM to 4PM PST
-
Flashcards
-
Learn
-
Test
-
Match
-
Flashcards
-
Learn
-
Test
-
Match
Terms in this set (7)
Students also viewedSets found in the same folderOther sets by this creatorVerified questions
politics of the united states
Theresa Harris worked as a manager at Forklift Systems. The president of the company, Charles Hardy, made comments to Theresa Harris on the job such as, "You're a stupid woman" and "Let's go to the Highway Hotel to negotiate your raise." He made these comments to Harris in the presence of other employees. In addition, Hardy made sexual comments about Harris's clothes. In a private meeting, Harris complained to Hardy about his behavior. He apologized, said he had been only joking, and promised to stop the behavior. But the obnoxious comments continued. She filed a lawsuit under *Title VII of the Civil Rights Act* of $1964$, claiming sexual harassment. At the trial, other female employees testified that they were not offended by Hardy's comments and considered them to be jokes. Harris testified that the comments upset her so much that she began drinking and had to quit her job. The trial judge concluded that, while Hardy's behavior was annoying and insensitive, it did not create a hostile, abusive environment, nor did it interfere with Harris's work performance. The court believed that the conduct did offend Harris and that it would offend a reasonable woman in the same position as Harris. The court found, however, that the conduct was not so severe as to seriously affect her psychological well-being. Therefore, the court decided that Harris could not win her lawsuit. The court of appeals upheld the trial court's decision, and Harris appealed to the U.S. Supreme Court. In a unanimous decision, the Court established a new standard for deciding sexual harassment cases. It stated that Title $V I I$ is violated when a hostile or abusive work environment has been created. The victim must show only that he or she was offended by the conduct in question and that a reasonable person would find the conduct abusive as well. Thus, Harris did not have to show psychological harm in order to win her sexual harassment suit.The Court found it difficult to say exactly what conduct would be considered abusive or hostile. Instead, courts must look at all the circumstances surrounding the offensive conduct: How often did it occur? How severe was it? Did it unreasonably interfere with the victim's work performance? Was the victim physically threatened or humiliated? No single factor is required to make a case for a hostile or abusive environment. While the mere utterance of an offensive remark certainly does not violate the Iaw, according to Justice Sandra Day O'Connor's opinion, "Title VII comes into play before the harassing conduct leads to a nervous breakdown." Assume the Harris case is tried again, this time using the standard announced by the U.S. Supreme Court. As Harris's attorney, what arguments would you make on her behalf? As Hardy's attorney, what arguments would you make on his behalf? If you were the trial judge, would you find sexual harassment in this case? Explain your reasons.
Verified answer
Recommended textbook solutionsSocial Psychology
10th EditionElliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson
525 solutions