What factors might have influenced the jury’s decision?

Assignment Details:

Mr. Thomas, a 10 year executive with XYZ Corporation, continued to engage his secretary in a conversation regarding the female body part that was a subject of a recent television program, even after she indicated she did not wish to discuss it further. Mr. Thomas subsequently copied a page from a dictionary containing the name of a body part and gave it to the secretary, which in addition to prior behavior she interpreted as sexual harassment. His employer terminated him because of this incident and other alleged incidents of poor judgment. In a suit for wrongful termination, Mr. Thomas won compensatory damages plus punitive damages against the company and his secretary.

Discuss the following questions about the case:

1. Do you think Mr. Thomas’ actions constituted sexual harassment? Why or why not?

2. Do you think termination of Mr. Thomas was justified? Why or why not?

3. What factors might have influenced the jury’s decision?

4. Can you share with the class if you, your friend or colleague have had an encounter with a sexual harassment case at work? Do not use names of individuals or businesses.

 

· Please reply to the presented statement(s) below.

 

Deliverable Length: 250 words (minimum) per reply

 

ONE:

I do not believe that Mr. Thomas actions constituted sexual harassment.  According to the EEOC, “it is unlawful to harassment person’s sez. Harassment can include “sexual harassment ” or unwelcome sexual advances, request for sexual favors, and other verbal or physical harassment of a sexual nature.”

No, I do not believe his termination was justified. In order to be terminated for sexual harassment there has to be isolated incidents, sexual advances, asking of sexual favors, offensive comments,  and or harassment that is illegal, frequent or severe.

I believe the jury sided with Mr. Jury because she was conversing with him about the television program, he did not make sexual advances and his actions was not frequent or severe.  I have nothing to share on the issue of knowing someone involved in a sexual harassment case.

 

 

TWO:

Do you think Mr. Thomas’ actions constituted sexual harassment? Why or why not?

If I look at this in the military stand point; then yes this constitutes as sexual harassment. The Amy defines Sexual Harassment as unwelcome sexual advances, repeated offensive comments as well as gestures. The secretary verbally told Mr. Thomas that she didn’t want to partake in the conversation but kept going. The secretary may have viewed it as an hostile environment as well.

Sexual Harassment has three categories verbal, nonverbal, and  physical contact.

This would fall under verbal and nonverbal. Types of nonverbal examples are sending sexually oriented notes, letters, emails or texts.

Do you think termination of Mr. Thomas was justified? Why or why not?

I believe that his termination was justified because he knew that the secretary said she didn’t want to partake in the conversation. He also printed material that was sexual in nature and gave it to her. In addition, he is in a leadership role and discussion of this sort is unacceptable in an office setting.

What factors might have influenced the jury’s decision?

I don’t know how the jury would have come to the conclusion of wrongful termination. Sexual Harassment as well as assault …. bottom line is no means no.

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