Rhiana Jackson works for Tavern on the Green Restaurant in Manhattan. While ther
ID: 1108564 • Letter: R
Question
Rhiana Jackson works for Tavern on the Green Restaurant in Manhattan. While there she was approached by her manager, Shaggy Beiber on numerous occasions who told her, "he would like to cook in the kitchen with her after hours and food wasn't on the menu." Her manager, Shaggy Bieber, often told her she "needed a license for having a body like hers." Shaggy asked her to go out with him on three separate occasions. Rhiana frequently wore low cut blouses, tight fitting jeans, leggins and mini-mini skirts to work. She would tell her girlfriends that she often fantasized about Shaggy but she rebuffed his advances because they were "crude." Finally, Rhiana decided to go to the corporate offices and spoke with Chris Brown, president of the company. He told her "any man in his right mind would want to have sex with you and spank you while doing it." She left the company and sued for sexual harassment. She suffers no psychological injury. The Company has a policy against sexual harassment but it was never distributed to the employees. You are the judge. The defendants ask you to decide in a pre-trial motion and answer the following questions: A. Does Rhiana have a cause of action for sexual harassment? B. Is a psychological injury necessary to sue for sexual harassment? C. Can evidence about Rhiana's personal fantasies be used by Tavern on the Green at trial? D. Is the company liable for the actions of the men? E. What defense does the company have?Explanation / Answer
defination of sexual haIt is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe.
A)In the above mentioned case, it is clear that Rhiana faced these problems very frequently. Therefore, she has a cause for sexual harassment.
B) From the above mentioned defination of sexual harassment, it includes verbal harassment also. Therefore no psychological injury is necessary to sue for sexual harassment.
C)Rhiana's personal fantasies cannot be used by the company as evidences. No attire can described good or bad unless there is a company policy on the same.
D) Yes, the company is liable for the actions of the men.
E) The company does not have any defence, as the sexual harassment policy was never distributed among the employees which doubts its validity.
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