Re: Client’s Sexual Harassment Case
Question Presented
Did the client’s interactions with the plaintiff including multiple requests for dates, talking in a sexually explicit manner, and a question, asked in quest, of whether she slept with a client in order to complete a sale amount to sexual harassment under federal or state law?
No. While client’s interactions with the plaintiff might be considered offensive or unsophisticated, under a legal analysis, they do not amount to sexual harassment.
Facts
Discussion
The client has been sued by the plaintiff for sexual harassment. The client contends that his actions were genuine (he really would like to date her) and innocent (he asked the question for fun rather than to hurt). Moreover, he contends for nearly ten years, the plaintiff has never complained about being uncomfortable with their interactions of communication style. The underlying issue in this case is whether an employer’s actions or treatment of an employee amounted to unwelcome conduct of a sexual nature that created a hostile work environment. A court would most likely conclude that while client’s actions could be considered offensive or rude they did not amount sexual harassment.
Conclusion
On the facts presented, the court will probably find that the plaintiff failed to state a cause of action for sexual harassment because the client’s actions were neither unwelcome conduct of a sexual nature nor did they create a harassing and hostile environment.
Works Cited
Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993). http://www.law.cornell.edu/supct/html/92-1168.ZO.html
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986). Retrieved on December 9, 2014, from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=477&invol=57
