Take Note (Constant) (26 and 27)_Notes

Take Note (Constant) (26 and 27)_Notes - 3. The court...

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3. The court prescribed the following factors for the jury to evaluate: -frequency and severity of conduct -the presence or absence of physical threats -constant real humiliation vs. the occasional “mere offensive utterance” -unreasonable interference with job performance. 4. Other Cases to look at: A) Patane v Clark -In this case the supervisor was a college professor who liked to watch pornography in his office -The plaintiff was his secretary who got tired of running across porn (he would use her computer too sometimes) -when she complained to the university, the professor retaliated by not giving her work. -The court rejected the motion to dismiss this case; the secretary had presented enough evidence for it to proceed to trial. B) Clark v. UPS -Clarks manager was well liked guy but he made inappropriate comments far too often -Clark did not take advantage of UPS’s sexual harassment policy -Well come back to this case 5. the types of behaviors that can give rise to litigation are not as dramatic as you might first expect. III) Current issues in Hostile Environment Cases: A) “poisoning the environment” is actionable even if the employee isn’t demoted, denied a rise etc. B) The 6 th Circuit Court held that actionable discrimination can be found even in the absence of explicit sexual acts. 1) In Williams vs. GM the plaintiff demonstrated “unequal offensive behavior” based on her gender 2) She was treated unequally in terms of breaks and scheduling and also heard a lot of offensive language. 3) A dissenting judge said the court had gone too far as a matter of law there was harassment in this case but it wasn’t sexual. C) The courts have also held that a plaintiff can recover for sexual harassment even if she wasn’t the one being harassed 1) the behavior directed at other women can create a hostile environment. 2) of course its slightly harder to meet the legal tests in these cases. C) Can a woman recover when nobody is actually harassed?
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Take Note (Constant) (26 and 27)_Notes - 3. The court...

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