Procedural History: Lower court entered a directed verdict for Dr. Turk b/c there was an absence of evidence that he intended to inflict personal injury…
Facts: Ms. Deters, the plaintiff, sued Equifax, the defendant, in the United States District Court for the district of Kansas after being sexually harassed on several different occasions by three different co-workers and also the original male supervisor. Violating Title VII, prohibiting discrimination of employees based on race, color, religion, sex and national origin. Ms. Deters filed multiple complaints on the daily sexual harassment that had taken place at the office. Mr. Taylor indicated he would handle the sexual harassment, him being the highest managerial position in the office. Mr. Taylor was also designated by Equifax to enact its human resource policies. The courts entry of judgment in the favor of the employee denied the defendants motion on the issue of punitive damages. However, Equifax did not agree with the decision of the court and wanted a judgment as a mater of law de novo. Equifax litigates that the evidence was not in support of the punitive damages.…
In trial the District Court found that the supervisors' behavior was discriminatory harassment sufficiently serious to alter the conditions of her employment and constitute an abusive working environment. The Court further held the City liable because the city failed to properly disseminate the sexual harassment policy to all employees and properly enforce this policy. Also, the supervisors represented the City and city management failed to provide any reviews over this section but allowed the supervisors "unchecked authority". The Eleventh Circuit Court of Appeals reversed the decision, finding that the supervisors were harassing Beth Ann outside the scope of their employment, that they were not aided in their actions by the agency relationship, and that the City had no constructive knowledge of the harassment by virtue of its pervasiveness or her immediate supervisor's actual…
If I was a juror in this case, I would find that Clarence was a supervisor and found him guilty of sexual harassment. He guided the team’s members on his line, he…
Considering the sensitivity of the case, candidates were warned that they would hear narrations about profane and vulgar sexual acts. District Court Judge Michael Fitzgerald said that the core of Derrick Rose rape case is sexual act so the jury need to prepare hearing sensitive details. The plaintiff already appeared before the jury and was…
3. Research and support your answer with two appellate level (including Supreme Court) U.S. cases that discuss sexual harassment and Title VII, and pertain to this case. Provide the case…
The plaintiff, Leigh Sosebee, filed a suite with the Equal Opportunity Employment Commission that she was discriminated against because of her sex and retaliation. Sosebee filed the lawsuit in September of 2011 after being an employee since 2007. Sosebee complained of the sexual harassment in 2009 claiming her direct sergeant and other agents made her work environment at times hostile resulting in the termination of four agents. Sosebee requested to be relocated to Cleburne to the Fort Worth district and assigned to work with Jack Miller, a Field Training Officer. In February…
According to the article, while “voluntaries” in the sense of consent is not a defense to such a claim, it does not follow that a complainant’s sexually provocative speech or dress is irrelevant as a matter of law in determining whether he or she found particular sexual advances unwelcome. The correct inquiry is whether respondent by His or her conduct indicated that the alleged sexual advances were unwelcome, not whether her actual participation in sexual intercourse was voluntary (Twomey.…
The IAD investigation determined that there was no basis for Williamson’s allegations. Williamson sued the City of Houston under Title VII of the Civil Rights Act for hostile work environment sexual harassment and for retaliation against her for reporting the harassment. In a District Court, a jury found the city liable for both sexual harassment and for retaliation. Williamson was awarded back pay and compensatory damages, as well as court costs and attorney’s fees. On appeal to the Fifth Circuit, U.S. Court of Appeals, the City of Houston challenged the judgment on the grounds that it did not have notice of the harassment until April 1992 and that her notification to her supervisor should not have constituted notice to the city. The District Court’s ruling was affirmed by the Appeals Court. 3. Main Issue: Can a supervisor’s knowledge of harassing behavior be imputed to the city to show that the city knew, or should have known, of the harassing behavior and can therefore be held liable for failing to stop the behavior? 4. Court Deciding: United States Court of Appeals, Fifth Circuit. 5. Decision: Summary judgment affirming the decision of the District…
Bohlander and Snell’s definition of sexual harassment “refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature” (Bohlander & Snell, 2013, p. 112). Thus, Peter Lewiston did not make any direct form of harassment based on the books definition of such; he did fall under the “Equal Employment Opportunity Commission” (EEOC) forms of recognized sexual harassment. Lewinson created a “hostile environment” which the EEOC recognizes, “can occur when unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment” (Bohlander & Snell, 2013, p. 112). As a result Lewiston created a sexually hostile environment for Gilbury based on the constant approaches, and unwanted or requested gifts; even though Gilbury had reputedly stopped his advanced in a proper manner.…
He also uses pushing tactics with pressure. He threateningly reminds the other that a murder has occurred and that the accused must be punished. He makes them feel guilty when they even consider for a moment that the accused may be not at fault. When the jurors slowly change their minds he becomes very defensive and tries to make the others feel like they're screwing up by feeling the way they…
I agree with Judge Lamberth on most of this case. He did rule for the plaintiff on emotional distress and this outrageous conduct of Ms. Bakilana. He granted her restitution of her wages. If I were the judge I would have awarded her more money and given Bakilana more than 2 years’ probation.…
I believe that our company stands to lose a lot as a result of a successful suit against us by Ms. Pollard. We have reason to believe that if these actions are taken to court, we will find it difficult to deny the allegations and defend ourselves in the lawsuit. Harassment is defined as a punishable offense, and is inappropriate and illegal for company workers, both management and the labor force, to participate in any behavior which is deemed harassing, threatening, demeaning or uncomfortable by the person who is claiming harassment. According to the Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA), and the evidence presented by Ms. Pollard, our workers and management have clearly participated in violations of those orders. A simple defense on our part is to claim that there was no hostile work environment created, and that these incidents were few and far between, however, according to the law petty slights, annoyances and isolated incidents will not rise to the level of illegality, but I believe the amount of abuse that Ms. Pollard has taken, and can prove against us, is clearly enough to reasonably see how she can claim a hostile work environment. The fact that Ms. Pollard may have been 'easy' with some of the other gentlemen or inviting in some other ways does not mean that she has no case. She has voiced her disapproval of her treatment on many occasions and has made…
Ladies and gentlemen of the jury the evidence and testimonies that the prosecutors have presented through this trial is falsely accusing my client, Ms. Emily Grierson, for allegedly murdering Homer Barron. The prosecutors have been desperately trying to imprison someone who is innocent of these allegedly murder charges. There are many holes in the prosecutor’s false accusations against my client Ms. Grierson who in fact is innocent.…
Sexual harassment has been a problem throughout history not only for women but for men as well, but the focus of this paper will be on sexual harassment towards women in the workplace. Over the years, legislators have won the vote of sexual harassment being defined as sexual discrimination, in other words, treating someone of any race unfairly because of their gender. The word sexual harassment is not…