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LEGAL ISSUES
1.) It is my opinion that the Judge’s decision was justified. Ms Darcy has stated sufficient facts to support her case for sexual harassment. This is proven by Clarence’s profanity in his words and actions to Ms Darcy. Clarence forcibly tried to kiss her on numerous occasions. On three occasions he simulated sexually explicit acts. He then followed them up with sexually explicit remarks as well as inviting her to have sex with him They are offensive and degrading to any reasonable woman at any length. (Greene, 2006)
Ms Darcy has stated ample facts to maintain her case for a hostile workplace at Big Car Company. It is said that Clarence made threatening remarks to her severally. At one time, he told her there was nothing she could do to stop him as he was the ‘king of the line’. He also made threatening gestures. Clarence would physically follow Ms Darcy down the line. He did this so frequently that he often made her burst into tears. At any length, actions by Clarence were derogatory as well as offensive. It would be very difficult for a reasonable lady to work in such an atmosphere. (Harris v. Forklift, 1993)
Clarence was a supervisor at Big Car Company. The law states that one is a supervisor if the individual has authority to undertake or recommend tangible employment decisions affecting the employee. Ms Dagget stated that a senior supervisor told her if Clarence requested a transfer for an employee, it would definitely be granted. One may also qualify if he/she has authority to direct the employee’s daily work activities. Clarence performed all the aforementioned duties. For instance, he had the powers to assign team members to various tasks. From the above, Ms Darcy has provided sufficient facts to maintain her case for sexual harassment, a hostile workplace and Clarence’s position as a supervisor. (Greene, 2006)
2.) If I were a juror on that case, the following is how I would find whether Clarence was a supervisor. The law states that firstly, one has the power to make tangible employment actions. Tangible employment decisions are those that significantly alter another employee’s job status. They may include hiring, promoting, firing, demoting and reassigning employees. However, they are not limited to that. An individual has the authority to recommend tangible job decisions affecting an employee qualifies. This is as long as the individual’s recommendation is given substantial weight by the final decision maker(s).An individual who is authorized to direct another employee’s day-to-day work activities also qualifies as his or her supervisor. It is therefore proven that Clarence qualified as a supervisor at the company. (Kadue & Lindemann, 2012)
From the stated evidence, it is my opinion that Clarence sexually harassed Ms Darcy. After examination of totality of the circumstances, it has been found that he frequently made derogatory actions and remarks. For instance; he used very sexually graphic vocabulary as well as making forceful bodily contact with Ms Darcy. This was all against her will. His actions were quite severe as they led to emotional destabilization of Ms Darcy by making her cry. Clarence was also physically threatening and humiliating. He bumped into her body at her protest, grabbed her ponytail and frequently blocked her way down the hallway. These claims are also supported by another co-worker. (Kadue & Lindemann, 2012)
In my opinion, there was a hostile and abusive work environment at Big Car Company. The statements and actions done by Clarence are extremely offensive and degrading. Any reasonable lady would never want to work in such an environment. Ms Darcy was offended and upset by this conduct and therefore complained about his conduct. She asked for a transfer but was moved to an even less desirable work station. Furthermore, it was situated only 30 feet away from Clarence. (Greene, 2006)
References
Tanenhaus, D. S., & Gale (Firm). (2008). Encyclopaedia of the Supreme Court of the United States. Detroit: Macmillan Reference USA.
Kadue, D. D., & Lindemann, B. (2012). Workplace harassment law. Arlington, VA: BNA Books.
Greene, J. A. (2006). Blue-collar women at work with men: Negotiating the hostile environment. Westport, Conn: Praeger Publishers.