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Ben Kerrigan and Allison LaCroix have worked together for five years. Although he has kept it to himself, Kerrigan adores LaCroix, hanging on every word

  1. Ben Kerrigan and Allison LaCroix have worked together for five years. Although he has kept it to himself, Kerrigan adores LaCroix, hanging on every word she says and watching every move she makes. Ben feels considerably guilty for his amorous emotions, since he has been married to his wife Jeannie for seven years and since LaCroix is also married. From LaCroix's perspective, her association with Kerrigan is purely professional, although she does consider him a dear friend. She enjoys his sense of humor, shares with him many of her daily experiences, and seeks comfort from him when life is unkind.

On Friday morning, Kerrigan asks LaCroix to join him for a quick lunch. He tells her, "You drive, and I'll buy." They choose a local delicatessen and are seated at a table for two. Aware that life is short and weakened by five years of keeping a torturous secret, Kerrigan confesses all to LaCroix over turkey subs and tomato soup. Ben proclaims, "Allison, I am tired of living a lie. You are not just the woman of my dreams; you are real, and I want you for my own. I worship you, and I want to share my life with you. You are the most beautiful and intelligent woman I have ever met, and I am willing to leave Jeannie for you. I hate to hurt your husband, but I love you more than he does. As far as work goes, we can try our best to keep it a secret; if not, I am willing to find another job. Tell me how you feel, Allison."

At first, LaCroix is speechless. Her face reddens, and she finds the words, "Ben, I thought you were my friend, but instead, you are a lusty stalker. I feel violated. For crying out loud, Ben, we are both married. Don't you understand the true meaning of family values?" LaCroix immediately rushes from the restaurant, and Kerrigan wonders if he has said too much.

The following Monday, Kerrigan is called into the office of his supervisor, Alex Friedman. Friedman informs Kerrigan that, much to his regret, LaCroix has filed a sexual harassment claim against him and that although she would like to resolve the matter internally, she will file a claim with the Equal Employment Opportunity Commission if the incident is not addressed satisfactorily. Friedman has scheduled an internal hearing in two weeks. The supervisor states that if LaCroix's claim holds, Kerrigan will be terminated considering the company's zero-tolerance anti-sexual harassment policy.

Do Kerrigan's statements constitute sexual harassment? If so, what type? Explain your answer.

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