Marykate Ellingsworth lives with her husband in Allentown, Pennsylvania. In 2012, she was hired by The Hartford

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Marykate Ellingsworth lives with her husband in Allentown, Pennsylvania. In 2012, she was hired by The Hartford (an insurance company) as a customer service representative. After completing her initial training, she was placed on a work team supervised by Angela Ferrier. Ms. Ferrier allegedly harassed Ms. Ellingsworth in various ways over the span of approximately one year. Ferrier would tell Ellingsworth that she “dresses like a dyke.” Ferrier would also make fun of Ellingsworth’s clothing, call her “stupid,” and tell her that she “sucks.” In addition to ridiculing Ms. Ellingsworth directly, Ms. Ferrier would also tell her coworkers that Ellingsworth “dresses like a dyke” and has a “lesbian tattoo.” Ferrier went so far as to tell Ellingsworth’s coworkers that Ellingsworth was a lesbian. These remarks were made in private to Ms. Ellingsworth and also, at other times, in front of coworkers. Because of this persistent harassment, Ellingsworth’s coworkers began to adopt the belief that Ellingsworth was gay, even though she is not. Eventually, it became “generally accepted” in the workplace that Ellingsworth was gay. Ellingsworth felt compelled to explain to her coworkers that she was not a lesbian. This situation began to exacerbate Ellingsworth’s pre-existing depression and anxiety. Due to her anxiety and depression, she took a leave of absence beginning January 6, 2014. On March 24, 2014, The Hartford wrote her a letter stating that she could either return to work or be terminated. Believing that nothing would be done to resolve the harassment, Ms. Ellingsworth was unable to return to work. She claims she was constructively discharged. Two months later, on May 23, 2014, Ms. Ellingsworth filed an administrative complaint with the Pennsylvania Human Relations Committee (“PHRC”). This complaint was cross-filed with the EEOC on or after that date. Ms. Ellingsworth filed a complaint against her former employer, alleging sexual harassment, gender discrimination, and retaliation. Defendant filed a motion to dismiss, alleging Title VII does not permit a claim based on sexual orientation. How should the court rule? Why?

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Dynamic Business Law The Essentials

ISBN: 9781260253382

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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