Question: Your author includes some rather serious cases in Chapter 8 involving sexual harassment. Take a look at the following cases: (1) Gerald v University of
Your author includes some rather serious cases in Chapter 8 involving sexual harassment. Take a look at the following cases: (1) Gerald v University of Puerto Rico (Page 289); EEOC v Management Hospitality of Racine (IHOP case) (Page 298); and Hardage v CBS (Page 304). Each of these cases are very serious. Each of them deal with sexual harassment in the workplace.
QUESTION: 15. Of the three, which of these do you find most serious, disturbing or distasteful? Why? (No right or wrong answer - strictly you opinion.) What is it about the case you picked that makes it most disturbing to you as compared to the other two?
QUESTION 16. Of the three, which of these do you believe the employer could have prevented the most easily? Why? (Perhaps overly obvious but this is your opinion).
QUESTION 17. One case, Hardage v CBS, involved a man who alleged he was the victim of sexual harassment by a female supervisor. The 9th Circuit Court of Appeals agreed with the district court that the man had no claim. The plaintiff alleged he was not only the victim of direct sexual harassment but was placed in a hostile work environment which lead to his forced (constructive discharge) resignation. Does it appear to you that men who allege they are sexually harassed by a women face a more difficult time to prove their case than a woman who has been harassed by a man? Explain.
QUESTION 18. In the Hardage case, the man alleged he was the victim of harassment (at least based on the facts we are provided). On the other hand, it seems the plaintiff (man) willingly joined in with his alleged harasser by going to bars with her, flying on airplane flights with her, inviting her to baseball games, etc. Do you think the court found the man's story a little bit less than believable (to be polite) and that it a big reason why his case was dismissed? If that is the case, why do you think the man sued CBS if he had what amounted to a weak case? (Hint: One consideration - no pun intended - with any lawsuit is the ability of the defendant to pay money ....)
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