a. Would Hardy's behavior offend a reasonable woman?
b. So why did the lower court rule against Teresa Harris?
c. Did the Supreme Court agree?
d. How can you tell if you are committing sexual harassment?
Charles Hardy, president of Forklift Systems, frequently made inappropriate sexual comments to Teresa Harris and other women at the company. He said to Harris, "You're a woman, what do you know?" and "We need a man as the rental manager." He called her "a dumb ass woman" and suggested that the two of them "go to the Holiday Inn to negotiate her raise." He also asked Harris and other female employees to get coins from his front pants pocket. He insisted that Harris and other women pick up objects he had thrown on the ground. When Harris complained to Hardy, he apologized and claimed he was only joking. While Harris was arranging a deal with one of Forklift's customers, he asked her, in front of other employees, "What did you do, promise the guy some sex Saturday night?"
Harris sued Forklift. The trial court ruled that Hardy's comments might offend a reasonable woman, but they were not severe enough to cause a serious impact on Harris's psychological well-being. The appeals court confirmed, and the Supreme Court granted certiorari.