The plaintiff alleged that she had been fired for refusing to have sex with her supervisor. Unfortunately

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The plaintiff alleged that she had been fired for refusing to have sex with her supervisor.

Unfortunately for her, because the firm she worked for was tiny, it did not fall under the jurisdiction of Title VII of the federal 1964 Civil Rights Act (see Chapter 3), which covers employers with at least fifteen workers. Her alternative, the Utah Antidiscrimination Act (UADA), also exempted small businesses, having adopted the federal law’s fifteenemployee threshold. She therefore contended that she should be entitled to sue under the state’s commonlaw tort of wrongful discharge on the basis of a public policy against sexual harassment reflected in the decisions interpreting both Title VII and the UADA.

How should the court rule on her claim? Are there competing public policies at issue here? See Gottling v. P.R., Inc., 2002 WL 31055952, 2002 UT 95 (Utah Supreme).

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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