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Characters: Butcha police officer at Trenton P.D. who holds a grudge against his colleague, Spike Spikea police officer at Trenton P.D. JulieSpikes wife and an

Characters:

Butcha police officer at Trenton P.D. who holds a grudge against his colleague, Spike Spikea police officer at Trenton P.D. JulieSpikes wife and an office worker at Trenton P.D. Chiefthe chief of police and the boss of Butch, Spike, and Julie Jima non straight man and an office worker at Trenton P.D. HannahSpike and Julies sixteen-year-old daughter

Scenario:

Butch and Spike are police officers in the Trenton Police Department (Trenton P.D.). While initially friends, Butch and Spike have had a falling out, and Butch carries a grudge against Spike.

Spikes wife, Julie, also works at the Trenton P.D. as an office worker. Julie has a secret: eighteen years ago she lied about her education credentials on her Trenton P.D. employment application. She did not graduate from high school, as she stated.

Over time, Butch starts to say sexually suggestive comments to Julie on a regular basis as part of his efforts to get back at his former partner, Spike, whom he now hates. Butch knows that his comments to Julie will make Spike angry. Spike retaliates and tells Butch that he will mess him up if Butch keeps making sexualized comments to Julie. Julie develops an intense dislike of Butch and complains to the Chief about Butchs comments. Julie tells the Chief she is upset by Butchs overtly sexualized comments but is able to continue to do her job effectively. The Chief tells Julie that if the comments are not affecting her work she should just ignore them. He tells her that overtly sexualized behaviors are common at police departments and that she is being an eggshell. The Chief also told Julie never to mention her concerns to her coworkers.

Another office worker, Jim, who is not straight sits adjacent to Julie and hears Butchs sexualized comments. Butch does not direct any comments at Jim. Jim becomes very upset and complains to the Chief about Butchs actions. Jim tells the Chief he is having trouble getting his work done because of the sexually charged atmosphere Butch is creating. The Chief tells Jim he will speak to Butch. After the Chief talks to Butch, Butch continues to make comments to Julie but never when Jim is around. Julie complains to Jim about being upset by Butchs continuing behavior.

One day, Hannah, Julie and Spikes sixteen-year-old daughter, visits her parents at the police department, and within range of hearing of Julie and Spike and the rest of the employees at the station, Butch describes to coworkers the sexual activities he wishes to engage in with Hannah. Later, that week, Butch stops Hannah on the street and gives her a traffic ticket for having a lucky charm hanging from the rear view mirror of the car she is driving.

Julie complains again about Butchs behavior to the Chief. The Chief begins an investigation. After reviewing the personnel files of Butch, Spike, and Julie, the Chief fires Julie for lying about her credentials. He also transfers Jim to a position out of the main office and with a lower salary. Julie sues the Trenton P.D. for wrongful termination and makes a claim of sexual harassment under Title VII of the 1964 Civil Rights Act. Spike, Jim, and Hannah also sue for relief under Title VII.

Hannahs claim of sexual harassment is ______________.

Not available because she is a minor, and only adults are protected by Title VII

Not available as she is not an employee of the Trenton P.D.

Available to her as she is a collateral victim of a valid sexual harassment claim under Title VII

Valid under United States Code section 1812

Jims claim under Title VII is _____________.

Supported by the Equal Protection clause of the Constitution

Invalid, because he was not the target of Butchs actions

Valid under quid pro quo sexual harassment

Valid under hostile work environment sexual harassment

If Jims claim for sexual harassment under Title VII is found to be invalid on the basis that no harassment took place, he might still have a claim for ____________.

Retaliation

Restitution

Breach of the warranty of good faith

Sexual orientation discrimination

Jim may have a valid claim for sexual harassment under which of the following labels?

I. sexual orientation discrimination II. hostile work environment discrimination III. quid pro quo sexual harassment IV. intentional infliction of emotional distress

II only

I only

I and II

II and IV

julie may have a claim for sexual harassment under which of the following labels?

I. hostile work environment discrimination II. quid pro quo sexual harassment III. intentional infliction of emotional distress

I and II

I, II, and III

I only

III only

Which of the following elements will Julie have a hard time proving to a jury in a hostile work environment sexual harassment case?

Psychological distress

Severe and pervasive actions

Inability to perform her job

Sexually charged work environment

What will most likely result from Spikes claim of sexual harassment?

It will fail, because he is the same gender as the sexual harasser.

It will prevail because he is a victim of hostile work environment sexual harassment.

It will fail, because the facts do not show Spike suffered any harassment personally or that he could not do his job.

It will prevail because he was a collateral victim of sexual harassment against his wife and daughter, and he is an employee of Trenton P.D.

Julie might not win her case if Butch can show that ____________.

His actions were directed at Spike, not Julie

His sexual comments were made to Hannah, not Julie

His actions were motivated by his hate of Spike and were not for sexual intent

His intended target was Jim

Even if Julie cannot prove that sexual harassment occurred, she might win her case under Title VII if she can show proof of _______________.

Restitution

Retaliation

Breach of the warranty of good faith

Sexual orientation discriminatio

Butchs citation to Hannah for a traffic violation is ___________.

Sexual harassment

Unjustified

Valid

There is not enough information to answer this question.

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