Legal Business Issues: Sexual Harassment
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Scenario: Joan has been a manager with Argos for the past 15 years. She is known to be aggressive and tough and always gets results. She is demanding of her employees and is often brusque with them. Last Thursday, she passed James in the hall and remarked that he looked good in his new gray suit. James filed a sexual harassment lawsuit naming Argos and Joan. Which of the following statements is most correct?
a) James has no chance of winning, based on the facts presented. Joan was simply trying to make a positive comment and 'ease' her tough demeanor.
b) James could win the suit if he provided information that showed that Joan had never made such comments to anyone before and had made them to him before.
c) James could win if Joan had winked at him when she made the comment.
d) James can win if he can show that he and Joan had had a relationship in the past.
e) He can win, but only if Joan has implied that she wants him to have sex with her and offers a promotion if he will.
f) James can win if he shows that Joan makes such comments to him alone, although he has said that he does not feel comfortable with such comments.
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b) James could win the suit if he provided information that showed that Joan had never made such comments to anyone before and had made them to him before.
When we deal with sexual harassment, the law looks at the scenario and determines (1) the actions of the offender ...
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