A male and a female employee have engaged in a two-year consensual relationship w/c ends. The male continues to attempt to get the female to go out with him on dates. When she doesn't, she eventuallyfined by the male, who is her supervisor. She sues, alleging sexual harassment who wins and why?
please help!!!!
2007-08-27 17:10:33 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
NO sexual harassment here what so ever. First, sexual harassment has to be UNWANTED ... she proved by dating him for two yrs that she wanted it. Second, IF it were unwanted, than she has to tell him that.
She was probably terminated for poor performance. He likely has documentation on that.
IF it were wrongful termination, then she might have a claim on this and this only ... but there is NO sexual harassment.
PEOPLE: no where in this story does it state that she said "No" .. you are making up things and adding things to the story in your own mind.
2007-08-27 17:14:54 · answer #1 · answered by ValleyR 7 · 0⤊ 2⤋
If the fines are a direct response to her not wishing to continue the relationship, this is a textbook example of sexual harassment. Look at the legal definition of sexual harassment, this one is pretty obvious. The fact that there was a previous consensual relationship (which has now ended) between the two parties is totally irrelevant to this case.
If you can't figure this one out, maybe law isn't your thing.
***ADDITION
Valley R
No where in the story does it say she was terminated or had poor performance reviews. It must also be noted that the relationship has ended (clearly stated in the story), thus she already said no by terminating the relationship. This is clearly a textbook question as real-life situations (which you are alluding to) are not this simple and clear cut. You are over thinking the problem.
2007-08-28 00:14:18 · answer #2 · answered by msi_cord 7 · 0⤊ 1⤋
The moment she said, "No".
Anything after that is sexual harassment and creating a hostile work environment.
His continued attempts to see her socially after being told no, constitutes sexual harassent.
No mean no.
2007-08-28 00:16:04 · answer #3 · answered by jack w 6 · 1⤊ 1⤋
he fines her? on what basis.
If she can prove that the fine was due to her breaking off the sexual relationship she would win the case hands down. If the fine was legit then he'll win
2007-08-28 00:14:02 · answer #4 · answered by Jared P 5 · 2⤊ 0⤋
I wouldn't say sexual harrassment, but she could bring other charges, like wrongful termination and other things, and that guy would get his as s kicked in court
2007-08-28 00:13:41 · answer #5 · answered by secretservice 5 · 0⤊ 0⤋
Well, if she made it clear that everything was ended and not to pursue, make comments or touch in any way and he continues to do just that. He IS sexually harrassing her because she said no and told him to stop, but he continues these unwanted and unwarrented advances.
2007-08-28 00:16:25 · answer #6 · answered by Melissa 3 · 1⤊ 1⤋