Question:
A convenience store cashier was subjected to the following behavior by a co-worker over a period of 8-9 weeks: throwing objects at her; sneaking up behind her and touching her; smacking her buttocks; discussing his sex life, inability to sleep, and need for a girlfriend; commenting that the woman looked “hot” in her uniform and would look good as a “biker chick;” commenting on his sexual desire for female customers; referring to women as dumb and stupid; and standing over the woman as she counted her register and calling her a “dumb blonde” if she made a mistake. The woman complained to managers. They responded by changing her to the third shift, which she did not like. The co-worker would then hang around after his shift in order to see her. Eventually, she was told by the manager that it was not possible to always schedule the two employees for different shifts. A manager spoke to the co-worker about his behavior, but there was no investigation or review of store videotapes. Another female co-worker had complained to managers about the co-worker’s behavior six months earlier, but did not go into detail because she was embarrassed. The cashier sues. What should the court decide? Why?