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Scenario 1
Scene Set-up:
Marie has recently transferred into the marketing department at her company a long
awaited dream. On her first day at her new position, Marie must attend a routine
introductory meeting with her new supervisor, Bob Swartz. Marie has been told by her
colleagues that Bob is very forward.
How bad can he be? He seemed friendly in the interview. Marie thinks to herself.
Marie is excited to start her new job, but doesnt know what to expect.
Marie: Good morning, Mr. Swartz, says Marie walking into his office with a smile.
Bob Swartz: Good morning, Marie. Please, call me Bob. Take a seat.
So Marie, I understand that you dont have much experience in marketing!
Marie: Well so far Ive only been on the editing side, but Ive always wanted to contribute
to how we reach out to consumers. I am very grateful to be here finally.
Bob: Good. I admire your drive.
I have to say, this is going to be a great opportunity for you. I am quite experienced. You
could learn a lot if you wanted to.
Marie: Yes, I am very eager to learn.
Bob: Now there is a way that we could speed along the process of your success in this
department
Marie: Oh?
Bob: Yes. If you would like we could discuss it over dinner tonight after work.
How does that sound? You said you were willing.
Marie thinks to herself: Hmmm, is this what my coworkers meant by forward? I guess
dinner wouldnt be too bad. I do want to learn as much as possible. I have wanted this
opportunity for so long. I could just say no if he wanted more. But I dont knowmight be
too risky.
Question: What should Marie do?
Marie to herself back at her desk: Oh no. I meant whatever it takes work related. Does he
think he can take advantage of me? This is beyond forward. I knew I should have gone with
my gut. How am I going to get out of this one?
Explanation why this is wrong:
At first, it may not have been obvious to Marie that her new boss was being inappropriate
with his invitation to dinner. However, after agreeing, Marie realizes that Bobs intentions
might not have been so innocent. Marie has made herself vulnerable to unwanted advances
from Bob, and by going to dinner with him might give him the wrong idea about what she is
willing to do for her job. Now, it will be harder for Marie to get out of an inappropriate and
potentially dangerous situation.
If you choose Option B:
Bob: Alright, tomorrow works for me. I hope you arent always going to be this difficult. I
am a man who gets what he wants, but for you Ill make an exception.
Marie to herself: Dang it. I thought tomorrow wouldnt work for him. I wish I had just
said no. He kind of creeps me out. I dont want to be alone with this guy.
Explanation why this is wrong:
If Marie did not want to go to dinner with her new boss, then suggesting another night
would not get her off the hook. Marie is only delaying the encounter and opening herself up
to unwanted sexual advances. Marie cannot control her bosss actions but she can control
hers by saying no early-on.
If you choose Option C:
Bob: Well if thats the case, John can help get you started. I guess you dont want to reach
your full potential.
Marie to herself: Glad I dodged that! Im willing to work hard for my success, but not like
that.
Explanation why this is right:
Marie felt that her bosss invitation to dinner was inappropriate and knew she wanted to
avoid any further uncomfortable encounters. Therefore, suggesting discussing the matter
at work will lessen the likelihood that her boss will act inappropriately again.
Marie attempted to stop the unwanted behavior early-on, as opposed to later, for example,
while alone with her boss at dinner.
This incident alone may not be enough to warrant sexual harassment. However, if Maries
boss were to punish her or retaliate against her for her refusal, for example by giving her
fewer opportunities in the workplace or by cutting her pay, Maries rights would be violated.
809 Law Case Studies for Storyline Interaction (to replace Lessons 7-11)
Slide 1
Meritor Savings Bank v. Vinson
The first time sexual harassment was brought to the U.S. Supreme Court was in 1986 during
Meritor Savings Bank v. Vinson. For the first time, the Court recognized that sexual harassment
was a violation of Title VII.
The Facts
In 1974, Mechelle Vinson was hired as a teller-trainee by a vice president of Meritor Savings
Bank and manager of one of its branch offices. Vinson started as a teller-trainee, and was
promoted several times. She worked at the same branch for four years, and it was undisputed that
her advancement was based on merit. In September 1978, Vinson notified the bank that she was
taking sick leave for an indefinite period. On November 1, 1978, the bank discharged her for
excessive use of that leave.
Vinson filed suit against the bank, claiming that she had "constantly been subjected to sexual
harassment" during her four years with the bank, both during and after business hours as well as
on and off the employer's premises. She alleged that the bank vice president forced her to have
sexual intercourse with him on numerous occasions and that she submitted for fear of losing her
job.
The vice president and the bank denied all of her allegations and claimed they were fabricated in
response to a work dispute. The bank claimed that it was unaware of any harassment on the vice
president's part.
(Interaction)
Click on the statement that best answers the question.
What did Mechelle Vinson claim in her lawsuit against Meritor Savings Bank?
A She was unable to work because of a hostile work environment.
B - She had constantly been subjected to sexual harassment.
C She was being retaliated against.
D The harassment caused her financial losses.
The Decision
The Supreme Court ruled with the victim, holding that a claim of "hostile environment" sexual
harassment is a form of sex discrimination that is actionable under Title VII.
The language of Title VII is not limited to "economic" or "tangible" discrimination. Harassment
leading to non-economic injury can violate Title VII.
The mere existence of a grievance procedure in the bank and the bank's policy against
discrimination, coupled with the respondent's failure to invoke that procedure, do not necessarily
protect the bank from liability.
The Decision
The Court held that an employer is liable for an actionable hostile environment created by a
supervisor with immediate (or successively higher) authority over the employee.
When no tangible employment action is taken, the employer may raise an affirmative defense to
liability or damages. This defense requires two elements:
The employer exercised reasonable care to prevent and correct promptly any sexually
harassing behavior.
AND
Slide 3
Study Exercise
Study Exercise
Indicate whether the statement is true or false.
When a supervisor's harassment culminates in a tangible employment action,
such as discharge, demotion, or undesirable reassignment,
the employer has an affirmative defense.
True
False
Slide 4
Harris v. Forklift Systems, Inc.
The Supreme Court in Harris v. Forklift Systems Inc. (1993) held that an abusive and hostile
work environment is illegal even if the employee charging harassment did not suffer
psychological damages.
The Facts
Teresa Harris worked as a manager at Forklift Systems, Inc. from April 1985 until October 1987.
Charles Hardy was Forklift's president.
Throughout Harris's time at Forklift, Hardy often insulted her because of her gender and made
her the target of unwanted sexual innuendos.
In mid-August 1987, Harris complained to Hardy about his conduct. Hardy said he was surprised
that Harris was offended, claimed he was only joking, and apologized. He also promised he
would stop, and, based on this assurance, Harris stayed on the job.
But in early September, the harassment continued. On October 1, Harris collected her paycheck
and quit.
She then sued Forklift, claiming that Hardy's conduct had created an abusive work environment.
(Interaction)
Click on the option that best completes the sentence.
Teresa Harris claimed that the president of Forklift Systems, Inc., insulted her because of
____________________.
A the way she dressed
B her inability to fulfill job requirements
C her repeated refusals to date him
D her gender
The Decision
The Court held that to be actionable as abusive work environment harassment, conduct need not
seriously affect an employees psychological well-being or lead the plaintiff to suffer injury.
The court re-affirmed its decision in the Meritor case stating that Title VII is violated when the
workplace is permeated with discriminatory behavior. When this occurs, a discriminatorily
hostile or abusive working environment is created.
This standard requires an objectively hostile or abusive environmentone that a reasonable
person would find hostile or abusiveas well as the victim's own perception that the
environment is abusive.
The Decision
The Court held that sex discrimination consisting of same-sex sexual harassment is
actionable under Title VII because the law protects men as well as women.
Slide 5
Study Exercise
CLICK ON THE BUTTON THAT BEST COMPLETES THE STATEMENT.
In the decision of Harris v. Forklift Systems, Inc.,
the Supreme Court held that to be actionable as abusive work environment harassment,
conduct need not seriously affect an employee's _____________ well-being or lead the
plaintiff to suffer injury.
A - financial
B - psychological
C - sexual
D - emotional
Slide 6
Study Exercise
In the case Oncale v. Sundowner Offshore Services, the Supreme Court established that
_______________________.
A Title VII only protects women from sexual harassment
B same-sex harassment is actionable under Title VII
C employers can be held liable for sexual harassment
D quid pro quo is an form of sexual harassment that violates Title VII
Slide 7
Davis v. Monroe County Board of Education
In 1999, the U.S. Supreme Court ruled in Davis v. Monroe County Board of Education, et al.,
that schools can be held liable for failing to stop student-on-student sexual harassment.
The Facts
A mother filed suit against the Monroe County Board of Education and other school officials,
alleging that her daughter had been the victim of sexual harassment by another student in her 5th
grade class and that school officials had done nothing to stop the harassment.
She claimed that the schools complacency created an intimidating, hostile, offensive, and
abusive environment that deprived her daughter of educational benefits promised to her under
Title IX of the Education Amendments of 1972.
Allegedly, the harassment began in 1992. The victim reported all of the incidents to her mother
and her teachers but no disciplinary action was ever taken against the other student. In addition,
the school made no effort to separate the two students. During the months of harassment, the
victims grades dropped and she contemplated suicide.
The behavior finally ended in mid-May 1993 when the other student was charged with, and
pleaded guilty to, sexual battery for his misconduct.
(Interaction)
Which of the following was a result of pervasive sexual harassment that a 5th grader was forced
to endure, from another student at school?
A A decline in the victims grades
B Increased absentee days
C Weight loss
D Withdrawal from social interaction
The Decision
The decision stated that private Title IX damages action may be taken against a school board in
cases of student-on-student harassment when harassment is so severe, pervasive, and objectively
offensive that it can be said to deprive the victim of access to the educational opportunities or
benefits provided by the school.
Glenn v. Brumby
Glenn v. Brumby is a milestone case that established that all individuals, even those who do not
belong to a specific protected class under Title VII, should be protected from discrimination.
The Facts
Vandy Beth Glenn, a legislative editor for the Georgia Assemblys Office of Legislative
Counsel, was born a man. However, Glenn had always tended to identify more as a woman and
in 2005 was diagnosed with gender identity disorder. Under the recommendation of her doctor,
she then decided to undergo sex-reassignment surgery to become a woman.
The first step in this process was to first present as a female, before making any physical
alterations. This posed a problem for Glenn at work, where everyone knew her as a male. After
informing her supervisor, Sewell Brumby, of the transition, Glenn presented as woman one day
at work. Brumby quickly sent her home. Glenn never came to work dressed as a woman again.
When the time came to undergo surgery, Glenn again informed Brumby of the plan and provided
him with informational materials on gender transitioning and the workplace. Glenn was then
fired on the basis that her transition was unsettling, immoral, disruptive, and that it would
lead to lawsuits.
Glenn quickly filed a lawsuit against Brumby, alleging her termination was unlawfully based on
sexual discrimination and of her medical condition.
(Interaction)
Vandy Beth Glenn suffered from what medical condition?
A Multiple personality disorder
B Schizophrenia
C Gender identity disorder (on correct can you add the text Gender identity disorder (GID)
is a condition recognized in the American Psychiatric Associations Diagnostic and Statistical
Manual of Mental Disorders, 4th ed.)
D Bipolar disorder
The Decision
The district court of appeals ruled in Glenns favor, stating that no legitimate government
purpose for the firing could be found (a necessary condition under rational-based scrutiny). Even
though transgendered individuals did not belong to a protected class on the basis of their sex, the
decision was based upon a precedent set in Price Waterhouse v. Hopkins, which prohibited
discrimination based on gender stereotypes.
In the Eleventh Circuit Court of Appeals, it was further reaffirmed that Glenns firing had
discriminatory intent. Glenn was reinstated, and the court went on to nullify any previous
distinctions between discrimination based on sex or gender.
While this case did not address sexual harassment directly, its ruling established a new group of
individuals who are now protected from discrimination.
Slide 8
Study Exercise
Based on the decision made in Davis v. Monroe County Board of Education, et al., under which
of the following conditions could private Title IX damages action be taken against a school
board?
A A student trips and falls and a classmate laughs and points her finger.
B A student is being excluded from a game at recess because there are already enough players.
C Everyday at school a student is subjected to lewd sexual comments made by a classmate,
which causes the victim to withdrawal from social interactions. The victims teacher notices the
behavior and then brings the matter to the principle. The two students are then separated into
different classrooms and the harassment stops.
D A student is repeatedly being threatened with violence and verbally harassed at school, due
to his gender, which begins to affect his test scores and attendance. After bringing the behavior
to the attention of the teacher, nothing is done to stop the harassment.
Slide 9
Study Exercise
In Glenn v. Brumby, the Eleventh Circuit Court of Appeals did which of the following?
A The court ruled that there is an important distinction between gender and sex discrimination.
B It overturned the courts previous ruling and stated that Glenns termination was justified.
C It added a new protected class, labeled transgendered individuals, to the Equal Protection
Clause.
D The court nullified any previous distinctions between discrimination based on sex or gender.
809 Scenario #2
Using part of the Enders Collection template (Ethics section) or something similar
The Inappropriate Poster
You are the Accounting Manager at a large company, and supervise roughly 15-20
employees within the department.
While making your occasional rounds throughout the office, you see a poster hung up in an
office that is shared by two male employees, Mark and Kyle.
The poster is of a scantily dressed woman washing a shiny red muscle car. The womans
back side is visible as she reaches across the car with a sponge in her hand, her head turned
over her shoulder, soap and suds dripping from her hair.
Taken aback by the revealing picture, you step into their office.
Getting a closer look at the poster, you see that a picture of Kyles face is cut out and taped
over the girls.
Mark notices you staring at the picture, chuckles, and says, Cute, huh?
You look at Mark, both eyebrows raised, unsure of what to say. You then turn and look at
Kyle headphones on, face buried down into his work, back and shoulders rounded tense
and guarded.
Tapping Kyle on the shoulder to get his attention, Kyle turns to face you with a startled
jump.
Good morning, Kyle! Hows everything going? you say.
Good morning. Im fine, thanks. Kyle replies in a quiet voice.
You point at the poster and Kyle turns following your finger. Whats this? you ask.
Oh, yeahMark thinks its funny. Kyle replies now staring at the ground.
It is funny! Mark jumps in. Kyle loves it! Mark says with a grin, slapping Kyle on the
arm waiting for confirmation.
Kyle shrugs and turns back to his work.
References
"10 Reasons to Mediate." U.S. Equal Employment Opportunity Commission.
http://www.eeoc.gov/eeoc/mediation/10reasons.cfm.
"AB-2053 Employment discrimination or harassment: education and training: abusive conduct."
California Legislative Information.
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2053.
"Alternative Dispute Resolution." Cornell University Law School. Accessed October 1, 2012.
http://www.law.cornell.edu/wex/alternative_dispute_resolution.
"Alternative Dispute Resolution (ADR)." U.S. Equal Employment Opportunity Commission.
http://www.eeoc.gov/federal/fed_employees/adr.cfm.
Bryner, Jeanna. "Workplace Bullying 'Epidemic' Worse Than Sexual Harassment." Live Science. March 7,
2008. http://www.livescience.com/2361-workplace-bullying-epidemic-worse-sexual-harassment.html.
"Development of Sexual Harassment Law." The California State University.
http://www.calstate.edu/HR/SHLaw.pdf.
Fenelius, James. "History of Sexual Harassment." Made Man. November 9, 2010.
http://www.mademan.com/mm/history-sexual-harassment.html.
"Government Code Section 12925-12928." California Department of Fair Employment and Housing.
Accessed October 3, 2012. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=1200113000&file=12925-12928.
Hameed, Sayema. "California Governor Brown Signs SB 292 To Amend FEHA: Sexual Desire Not
Necessary To Prove Sexual Harassment." C&H LLP. Last modified April 15, 2013.
http://cabadahameed.com/?p=1812.
Healthy Workplace Bill. http://www.healthyworkplacebill.org/.
Hines, Larry L. "Employer's Guide On What Constitutes Sexual Harassment." NCHC: Nordman Cormany
Hair& Compton LLP Attorneys. Last modified January 2003. http://www.nchc.com/display-employmentarticle.asp?EmpID=26.
Lee, Stephen. "BNA: Labor Leaders Press States to Adopt Legislation to Curb Workplace Bullying."
Workplace Bullying Institute. October 15, 2012. http://www.workplacebullying.org/2012/10/18/bna-2/.
McGuire, Jenna. "Women Experience More Sexual Harassment In Work Groups With Male, Female
Balance." The Ohio State University Research News. n.d. Accessed December 3, 2012.
http://researchnews.osu.edu/archive/sexharass.htm.