Question: can you write a summary of case study 35.3? Case 35.3 Roberts v. Mike's Trucking, Ltd. Court of Appeals of Ohio, Twelfth District, 2014 -Ohio-766,
can you write a summary of case study 35.3?
Case 35.3 Roberts v. Mike's Trucking, Ltd. Court of Appeals of Ohio, Twelfth District, 2014 -Ohio-766, 9 N.E.3d 483 (2014). Background and Facts Teresa Roberts worked for Mike's Trucking, Ltd., in Columbus, Ohio. Her supervisor was the company's owner, Mike Culbertson. According to Roberts, Culbertson called her his "sexretary and constantly talked about his sex life. He often invited her to sit on "Big Daddy's" lap, rubbed against her, trapped her at the door and asked her for hugs or kisses, and inquired if she needed help in the restroom. Roberts asked him to stop this conduct, but he did not. She became less productive and began to suffer anxiety attacks and high blood pressure, Roberts filed a suit in an Ohio state court against Mike's, alleging a hostile work environment through sexual harassment in violation of Title VII.A jury decided in Roberts's favor, and Mike's appealed. In the Language of the Court HENDRICKSON, P.J. (Presiding Judge] I *** Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment--an environment that a reasonable person would find hostile or abusive--is beyond Title VII's purview. Likewise, if the victim does not subjectively perceive the environment to be abusive, the conduct has not actually altered the conditions of the victim's employment, and there is no Title VII viola- tion. Therefore, the focus of this inquiry is: 1.) whether a reasonable person would find the environment objec- tively hostile ; and 2.) whether the plaintiff subjectively found the conduct severe or pervasive. (Emphasis added.) Roberts testimony was consistent with several witnesses affirming that Culbertson frequently engaged in a variety of conduct ranging from inappropriate discussions to groping women. The wit- nesses stated that Gulbertson often discussed his sex life , asked Roberts and the women employees if they needed help in the bathroom *** referred to himself as "Big Daddy," asked Roberts and the women employees to sit in "Big Daddy" lap, and asked them if they would give "Big Daddy" a hug The evidence established that the conduct occurred frequently, Roberts testified that throughout her employment, Gulbertson's behavior became increasingly worse and that he talked about sex hun- dreds of times, and attempted to corner her and hug and kiss her at least twice a week. (Former Mike's employees testified that Gulbertson talked about sex and asked the women if they needed help with the bathroom multiple times a week. The evidence also showed that the conduct became increasingly severe as Culbertson massaged Roberts (and) rubbed up against her *** Roberts testified that Culbertson's conduct was humiliating towards her as his remarks were in front of others and she often became "furious" with him. Other employees reported Roberts becoming angry towards Culbertson, Roberts also estab- lished that Culbertson's conduct un teasonably interfered with her work performance as she stated she did not want to go to work anymore, she became less productive, and she suffered anxiety attacks. Her fiance lished that Culbertsons conduct unreasonably interfered with her work performance as she stated she did not want to go to work anymore, she became less productive, and she suffered anxiety attacks. Her fiance testified that Roberts has lost confidence and that she is now prescribed anti-anxiety medication. Consequently, there was sufficient and substantial evidence to support the jury's finding that a rea- sonable person would find Culbertson's conduct created a hostile environment and Roberts found the conduct to be sufficiently severe or pervasive to affect her employment. Decision and Remedy A state intermediate appellate court affirmed the lower court's judgment in Rob- erts's favor. During the trial, other Mike's employees and Roberts's fianc testified to corroborate Roberts's account. The evidence sufficiently established that Culbertson's conduct was severe or pervasive enough to create a hostile work environment for Roberts

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