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Law
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Sexual Harassment (Essay Sample)

Instructions:

The assignment involves a hearing at the trial court level on a motion for summary judgment in a case involving the employer\'s liability for alleged sexual harassment.

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Content:

Simulation: Sexual harassment lawsuit
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This is an essay based on the simulation summary judgment involving an employer’s alleged sexual harassment against an employee. It provides supportive arguments on the judge’s ruling on lawful validity of the allegations made by the plaintiff against the employer (Big Car Company).
I agree with the judge’s ruling based on the facts provided by the two sets of counsels in support of their respective clients under the law and the EEOC Enforcement Guidance Bulletin on Vicarious Employer Liability for Unlawful Harassment by Supervisors (US EEOC, 1997-2011). With reference to the descriptions of what constitute repetitive sexual moves, actions or verbal comments that may be termed as sexual harassment, the conducts are objectively offensive to a reasonable person which represents the Company and is also subjectively offensive to the victim (American Bar Assoc., 2013). Consequently, with Mr. Clarence’s position and duties in the operations of the company and his abilities to guide team members, assign and monitor roles meant that he acted as a supervisor. The sequential transfer to an office 30 feet away from him was deemed a ‘hostile work environment’. From a sworn affidavit, “What Clarence wants, Clarence gets” meant that Ms Darcy would always work under constant fear.
Being the juror, I would find Mr. Clarence as a supervisor based on his roles and duties in the position that he held at the company. The way he would guide his team members, assign duties and monitor them, give a worker who displeased him a less desirable job makes him the supervisor of the company. From a sworn affidavit by a senior supervisor of the company that ‘Ms Dagett’ would be transferred to Clarence’s if he requests meant that Mr. Clarence had the influence to have workers promoted. This is how the law defines a supervisor- as a person who can recommend tangible decisions affecting an employee and direct the daily activities and actions (US EEOC, 1997-2011).
As explained by the victim’s counsel, Mr. Clarence’s actions and advances amounted to incidences of sexual harassment. The vulgar, lewd and sexual gestures with his hands, tongue, grabbing of the ponytail and blocking her way despite Ms. Darcy’s constant and frequent protests to him amounted to sexual harassment (Boland, 2002). This is supported by a sworn affidavit by Ms Darcy’s co-worker. I would find his actions as sexual harassment.
Finally, the incidences of sexual harassment from her su...
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