Questions & answers about sexual harassment

Q.1

            In this case, the actual appeal by the plaintiff was made for sexual harassment. She sued her co-worker to file the case of sexual harassment that she was sexually harassed by her. When the court sees such cases, first of all they have to review the evidence whether any sexual harassment happened or not. In this case, court cannot find any reason to say that plaintiff was harassed because of any sexual acts. After looking at all the evidence, the court gave summary judgment in favor of the defendant, because sexual harassment did not happen. But this case was more of a same-sex harassment issue, and the evidences provided by the plaintiff shows that it was a case, which deals with equal opportunity harasser. The evidence was clear that accused employee was involved in same kind of harassment acts towards both males and females’ workers. There was an act of simulated rape, but that also was not good enough to establish sexual harassment, so court should dismiss the appeal based on sexual harassment.

Q.2

            In this case, the court cannot grant summary judgment in favor of the defendant as facts from the case are showing the evidence of hostile environment. Moreover, when facts and evidence is reviewed closely, it clearly shows that there were different occasions when manager was involved in unwanted touching near private parts of the appellant. It showed that her leg was touched under her skirt, and the accuses moved his hand near her private part, which cannot be seen just as an act of rudeness, discourtesy, or even an act of insensitivity. Looking at all the facts, it can be said that evidence is good enough for the court to decide the case in favor of the plaintiff, because these acts can be deemed as sexual harassment acts. So court should accept the appeal of plaintiff and ask the defendant to pay her punitive as well as compensatory damages.

Q.3

            In this case, the female worker sued the employer, because the work environment was hostile and harassing for women. Now, in such case, first the court has to review facts and make sure whether any sexual harassment was evident or not. The sexual harassment can be written off in this case, as there were no material facts to support that. Now, it was important for court to decide whether there was hostile environment, which made things difficult for female workers to work. Placing nude pictures, placing tampon with key ring, and using calendars with sexually explicit pictures; all these facts are good enough for court to determine that as per the Title VII whether the environment is hostile and sufficiently pervasive and severe for the women workers including the plaintiff. So court should accept the case for a major trial and give decision in favor of the appellant.

Q.6

            The case facts show that harassment behavior by the coworker for the cashier was lengthy one, where she went through these things for 8 to 9 months. She was constantly being victimized by the coworker as he was involved in unwanted touching on her buttocks, discussing sexual things, telling about his desire reading women customers, looking for a girlfriend etc. All of these things are not conclusive enough evidences for the court to establish that cashier was sexually harassed as touching kind of things happened once or twice in such long period. However, she was constantly abused and harassed, and looking at available evidence, the court must determine that employer was not able to provide good work environment, so work environment is hostile and sever for the cashier to work. In such situation, the court must give decision in favor of the cashier against employers as they were not serious to resolve the issue of their hostile environment, so now they should pay punitive damages to the cashier.