Learning Team B

LAW/531

Mr. Andrew Van Ness

9 November 2015

Analyze each of the elements of this cause of action, the applicable defenses, and the bases for the Judge's ruling. 

Analyze the potential civil liability of both the employee and the employer. 

Analyze the different liability in this case if the sexual harasser were an independent contractor versus an employee.

Plaintiff Jonathan Silverstein: believes he lost promotion due to sexual harassment

Defendant Meredith Shaw: friends for 4 years, friendship grew the past few months

Supervisor, responsible for promotion, witnessed the screen saver

Similar type of behavior was the norm between the team members

Plaintiff

Suing defendant for sexual harassment

Felt defendant’s actions caused him to lose a promotion

Felt uncomfortable working with defendant

Did not notify employer about harassment

Did not communicate with defendant about behavior

Unreasonable due to “norms”

Participated in behavior

Suit has no merit

Plaintiff Jonathan Silverstein: believes he lost promotion due to sexual harassment, sexual references have been made towards him

Defendant Meredith Shaw: friends for 4 years, friendship grew the past few months

Joking has been going on in the workplace between those that volley back

Liability: Principal does not control the manner in which a independent contractor work is performed

Was behavior unwelcome: Negative

Employer liable: Negative, no knowledge of this

was provided

Hostile work environment is not supported as the

jokes were among “friends”

Admitted to never saying “stop”, the type of jokes

were among teammates to keep comradery

“I am close to someone who is close to him”

Written in policies, which were not followed by the

Plaintiff

Behavior

Equal exchange

Reasonableness

Hostile environment

Employer liability

Behavior: un-established discouragement

Equal exchange: un-established

Reasonableness: circumstantial, but yes

Hostile environment: circumstantial, but yes

Employer liability: none

http://www.eeoc.gov/laws/types/ You be the Judge: Sexual Harassment.

(Mallow, Barnes, Bowers, Langvardt). UOP Mallor, J. P., Barnes, A. J., &

Langvardt, A. W. (2016). Business Law: The Ethical, Global, and E-Commerce Environment (16th ed.). New York, NY: McGraw-Hill Education.