ESSAY ONE Marilyn Love is employed as a retail sales manager with Bloomingdales
ID: 1108409 • Letter: E
Question
ESSAY ONE Marilyn Love is employed as a retail sales manager with Bloomingdales in Garden City, New York. Prior to her being hired, she went through the company's sexua harassmen t training and signed a document stating she was aware of the complaint procedure. Her store manager, Peter Snake, comments frequently on Marilyn's body He asked her out on a date on May 1, 2014, but she refused. Snake often told her, "you have a brick house body." Whenever Snake is out of the store he calls Marilyn and asks, "If she is wearing tighter skirts yet?" On May 8, 2014, Snake again asked Marilyn out for a date. Marilyn tells her girlfriends at work that she thinks Snake is "hot," and he reminds her of a stripper she met at a male strip club. She also tells her girlfriends that she sometimes fantasizes about Snake which troubles her because he is so crude. This behavior went on for five months, but she never reported him to his supervisors. On a business trip, he reached under the table and put his hand on her legs and started singing, "Tonight's the night we lose control." Marilyn went to her room, packed her bags and left. She sent in a letter of resignation to the company and never informed anyone about what took place. She later sued. However, she suffered no psychological injury. Bloomingdale's asks you as a judge to dismiss the case. What defense does the company have if the case goes to trial? ANSWER YES OR NO FIRST. Then, explain your answer iii. using case law discussed in class. iv. Can she sue without suffering a psychological injury? ANSWER YES OR NO FIRST. Then, explain your answer using case law discussed in class.ewomen s no . Can evidence about her speech, dress and personal fantasies be used by Bloomingdales at trial? ANSWERYES OR NO FIRST Then, explain your answer using case law discussed in class.Explanation / Answer
Answer:- In my opinion, this case should not be dismissed epically when it is related to the sexual harassment of a female worker from the male worker. The logic behind this is that if such a case is not noticed despite non-reporting, then it will motivate and instigate the other male employees to do any kind of activities with the fair gender in the office. If a proper due course is not taken by law and the culprit is left without any punishment, it will also create a feeling of neglecting the respect of rules and regulations of the organization. Apart from this, if a suo motto initiative is taken by the court or the authorities of the organization, it will prove to be a deterrent for the others too. In fact, such a step will also create confidence among the female workers.
Answer:- In law books, there is no rule that proposing a female employee for a date is a criminal activity of the proposal is made in a polite manner. But if the employer has a policy against the employees dating each other than the employees are restricted from asking such a favour from other coworkers. In these cases the rule of “one strike and you are out” should be followed according to which a single and polite request for the date is not an offence. But if despite the refusal, this request is made forcefully and repeatedly then it can be tantamount to a sexual harassment.
Answer:- In my opinion, the fantasies reflect that the female employee was also interested in the male employee and his actions were not hurting psychologically to the female coworker. When she expressed her feelings with another female coworker about her liking he male coworker, it clearly indicates that she was also having some interest and the comments made by the male worker is not offending her.
Thus the speeches, fantasies and dress used by the female worker can be used in the trail as these will indicate that the lady was not facing any severe physiological discomfort and in fact, these information will be the boost to male worker to prove that he was not involved in any sexual harassment.
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