In the case of Maryland atoms versus Tetris computer ink. May l have the appearances, please? Members of the jury, you have been selected to be the jurors in this case. Being a jury member is one of the most important and solemn obligations that citizens of this country have to fulfill. As jurors, you are the judges of the facts of this case. Now, in this case, Marilyn Adams is claiming that she was sexually harassed during her employment at Letmrjs, and she's claiming that Tetris has liability for that harassment. At the end of the case, I will instruct you on the law and the rule that applies to this decision. I appreciate your attention. Ms. Cowden, proceed with your opening statement, please. Thank you, Your Honor. Good morning, ladies and gentlemen of the jury. I am here this morning representing plaintiff Maryland atoms. Ms. Adams, a year ago, used to work for Tetris computer. But then she met her co-worker, Gary merit at a company picnic. Things changed. Mr. Merritt pursued Ms. Adams relentlessly. Although Ms. Adams rebuffed these attentions, Mr. Merritt would not quit. He sent her flowers, he sent her love notes. He sent her candy. He even sent her lingerie. He called her. He drove by her house, and he parked in front of her house for hours. These attentions from Mr. Merritt made Ms. Adams very upset. So upset in fact, that she had difficulties performing herjob. She was scared to walkthrough the shipping department for fear that she would run into Mr. Merritt. She was nervous about going back to her desk because she thought she might have another gift from him. Now, Tetris computer had a sexual harassment policy, and that policy said that Ms. Adams could go to either her supervisor or to human resources with a complaint about harassment. And Ms. Adams did. She went to her boss, Thomas partner, who was also in charge of the shipping department. She complained to him, but her complaints went unanswered. Mr. Fortran or didn't seem to care about Ms. Adams complaints. The rst time is Adams complained. Mr. Faulkner went and talked to Mr. Merritt. He told Mr. Merritt that Ms. Adams was a sexy woman. He went and talked to Mr. Merritt. He told Mr. Merritt that Ms. Adams was a sexy woman. He understood Mr. merits interests in Ms. Adams, but he told Mr. Merritt since Ms. Adams had complained, maybe he should just cool it. The second time. Ms. Adams went and complained to Mr. Faulkner, he just simply told Mr. Merritt to stop sending her gifts. When it is Adams complaint a third time to Mr. foreigner. He finally got Mr. Merritt to leave her alone, but it was too late. Mr. Merritt had already told the other individuals in the shipping department that Ms. Adams had been coming onto him. And so when Ms. Adams walked through the shipping department, she was subjected to cat calls, comments about hooters and imitation about her walk. Ms. Adams couldn't put up with this and she was forced to quit. Now, society has come too far for us to force employees to put up with behaviors like this. Ms. Adams complained three times. She shouldn't have been required to complain three times before someone took some action. Tetris should have responded more quickly and should have taken more effective steps to stop the harassment that Ms. Adams was experiencing. It didn't do so. And we ask that you hold Tetris responsible for that failure. Thank you. Thank you, Ms. Calvin. Mr. Kaplan, opening statement, please? Yes, Your Honor. Thank you very much, ladies and gentlemen of the jury, there is another side of the story that you did not hear from opposing counsel. The company took many actions in this case. In fact, they fired Mr. Merritt. What this case is about is Ms. Adams receiving a lot of attention from a coworker? Mr. Merritt was not her manager. He was not our supervisor. He in fact worked in a completely different department. It all began at a picnic, a company picnic. Mr. Merritt approached Ms. Adams and asked if they'd like to eat together. She did not rebuffed them at that time. They ate together, they talked about each other. She in fact, shared personal information with Mr. Merritt. Again, as I mentioned, Ms. Adams is a researchanalysts and Mr. Merritt is in the shipping department. It wasn't theirjob to work near each other. None of the conduct that took place, uh, you will hear about during this trial, in fact, takes place at work. Much of it takes place outside the workplace. Ms. Adams did complain. She complained to her supervisor. And the supervisor took it very seriously. Mr. Faulkner told Mr. Merritt to knock it off. Unfortunately, Mr. Merritt didn't knock it off. So consistent with the company's sexual harassment policy, a policy that Ms. Adams had received when she began her employment. Ms. Adams went to the human resources department. She spoke with Mr. Johnson. You'll hear from Mr. Johnson, you will hear that the company took Ms. Adams complaints extremely seriously and immediately after she reported the conduct and Mr. Johnson discipline was meted out to the entire shipping department and Mr. Merritt was terminated. Mr. Johnson offered Ms. Adams a paid leave of absence. He offered her a new department from which it could work, and he offered her a new supervisor. Unfortunately, Ms. Adams didn't want any of that help. She quit. You're gonna be asked at the end of this trial, what more could Tetris computer do? Tetris took reasonable steps and you will hear evidence to that effect. Now, I want you to think, what more could they have done? Thank you. Thank you. Mr. Kaplan? Does count. And are you ready to call your first witness? Yes, Your Honor. We call the plaintiff, Maryland atoms to the stand. Raise your right hand, please. Do you swear to tell the truth, the whole truth, and nothing but the truth? Yes, I do. Please be seated. Please state your name for the record. Marilyn Adams. And how old are you? 36. Are you married? No. What is your occupation? I'm a research analysts. And are you currently working as a research analyst? No, I'm not. When did you last work as a research analyst and aware? About two years ago at Tetris computers. Tell us how long you worked for Tetris computers? For three years. And who is your supervisor there? Thomas partner. Are you familiar with Mr. Gary Merritt? Yes. Please describe for the there? Thomas partner. Are you familiar with Mr. Gary Merritt? Yes. Please describe for the court how you met Mr. Merritt. It was about two years ago at the company picnic. I volunteered forthe dunk tank and he dunked me several times. And did you see Mr. Merritt at all later that day? Yes. Later on during lunch, she came and sat down next to me. Ended the two of you talk? Yes. What did you talk about? He talked about himself a lot. He did find out that l was single and I had worked for 900 numbered. He offered to give me a ride home, but I politely declined. What happened next, if anything? Well, that Monday I got to my desk and there was a note asking me to go to lunch and l politely declined. I had a Pilates class on Tuesday, I got flowers, On Wednesday, I got candy, and on Thursday I got another note from him saying that he was in love with me. And these items were all from Mr. Merritt? Yes. Did you accept Mr. merits gifts? No. Did anything happen then that following weekend? Yes. On Friday and Saturday, he called me several times. And then on Saturday he parked outside my apartment for two hours. And how did that make you feel? I was completely freaked out and annoyed. Did Mr. mets attention affect yourjob in any way? Yes. I didn't want to even go to work. l have to walk through the shipping department to get to my office and that's where he works. l was afraid I'd written into them. Did you complain to anyone at work about Mr. merits behavior? I did. I talk to Thomas Ford NOR and as Mr. Faulkner, also the person who is in charge of the shipping department? Yes. He's Gary's direct supervisor. When you complain to Mr. foreigner, What did he say? He said that he would he would talk to him and I think Tim and hoped that that would be the end of it. Did Mr. Merritt stop bothering you after you complain? No, he didn't. Later that week I got a note in a package from him. And what was in that package? Lingerie from Victoria's Secret or someplace like that. And how did it make you feel be receiving lingerie from Mr. Merritt? I felt iust trusting and l was horrified. Did you go back to complain to Mr. Faulkner again? I did. And he asked him actually what he had said to Gary the first time and he said that he told Gary that l was really attractive woman and you could understand why Gary would be attracted to me, but he needed to cool it. And then he proceeded to tell me that Gary so that everyone in the shipping department thinks I'm ne and then I should get a second job at Hooters. And I guess he proceeded to tell Gary he iust he needed to stop and ifl were interested in them, you would let them know. When were these other individuals in the shipping department making comments about you? Not really sure. I guess probably during lunch and after work. Did Mr. Fortenberry tell you who these men were? Supposedly it was everyone in the shipping department. Did you ask Mr. Partner to address the latest incident with Mr. Merritt, the the one where he sent you the package with lingerie? I did. And did Mr. foreigner do so? Yes. I guess he said that he told Gary to stop giving me the gifts. And did Gary leave you alone after you complain to Mr. Faulkner a second time? Know, that weekend he showed up at my apartment and a limousine with a tuxedo and roses and champagne, and a violinist. Expecting Mr. Merritt at your place? No. Did you invite him in? No, definitely not. Did you go out to meet him at all? I did, but that was only to tell him that I wasn't interested in them. And you needed to leave me alone. Ms. Adams, at any point in this back-and-forth with Mr. Merritt, did you ever encouraged his attention in any way? No. Did you go and complain to Mr. Faulkner for the third time about Mr. Merritt? Yes. And did things change after you complain to Mr. partner? Gary gtgp bothering me but he must have told everyone in the shipping department that l was the one that was coming onto him because every time I went through there, I get cat calls and comments about hooters and people would make fun ofthe way that I walked and the way I dress. Do you have to walk through the shipping department fairly often? Every day? A couple times. And how did the comments from the members ofthe shipping department make you feel? I don't even want to go through there? I mean, I don't want to go to work in the morning. I can't concentrate. Everything's every part of my day is spent just calming down so I can get through it. Does this affect your ability to do your job? Yeah, I can't get my job done. I can't concentrate. What did you do about Mr. merits behavior? Well, after that, I went to the VP of HR and I quit. How did you feel about having to be forced to quit your job? Well, I liked my job. I'd been there for three years. I was starting to move up in the company and I thought I did a good job at it, so I was pretty disappointed. And how much were you earning when you were forced to quit? Around $55 thousand a year. Have you worked anywhere since you left Tetris? I haven't. Thank you. Your Honor. I have no further questions for this witness. Mr. Kaplan, do you have any questions for Ms. Adams? Yes, I do, Your Honor. Thank you very much. Please proceed. Hello, Ms. Adams. Hi. I'm just a few questions for you today. Okay. First of all, Gary Marat was not your boss, was correct. And it wasn't your supervisor, was he? Correct. And in fact, you didn't even work in the same department, did you? That's correct. He wasn't responsible for your performance reviews or any pay raise issues, was he? Correct. You worked in the research department and he worked in shipping, correct? Yes. So it's true that you didn't have to work with Mr. Merritt at work, did you? That's correct. When I was my office, I didn't have to work with them just when I was walking to the shipping department. When you walked through the shipping department, you didn't have to stop in the shipping department, correct? Correct. You're a single woman. Is that accurate? I am. And I assume that you've been asked out for a date once or twice before? Yes. And I assume that some of those individuals that have asked you out you've wanted to go out with?Correct. And I assume there has been some that you did not? That's correct. And I further assume that some of those people have been a little bit more persistent than others? Yes. And is it fair to say that that persistence never caused you any emotional harm or damage previously? Not previously, but no one's been like Gary. Gary offered or offered you a ride after the picnic. Is that correct? That's correct. And you simply said you didn't need one at that time, right? Right. And when Gary asked you if you wanted to go out to lunch, You said that you had a Pilates class. Is that true? Yes. And you didn't tell him on either occasion, hey, I'm not interested in you. I don't want to be with you. Did you know and you never said Stay away from me. I don't want to talk to you at all either, M? No. I mean, not until the limo incident. By the way, when he offered to take you home. That was from the picnic, correct? Right. And that was after the two of you had eaten together? Right? And you had shared conversation with each other during your lunch. Is that true? Yeah. He came and sat down next to me, so we chatted. And you told him a lot about yourself and he told you a lot about himself, right. And you talk to them about your second job, your evening job, which was a 900 number, correct? That's correct. And that 900 number as a sex line, isn't it? It is. And you didn't have to tell Mr. Merritt about your sex line second job digit. I mean, a nice pose now we're just chatting. Gary gave you flowers and he gave you candy and he left you a note knee in after that, you asked him to stop giving you the gifts, correct? Yeah. Mr. Partner did for me. You never at that point told Gary, Hey, quit bothering me. I don't like this at all. Did you know? Ll didn't it wasn't until the limousine incident that Something like that directly to them. Gary never threatened to you at any point in time, did he know he never used any obscenities or abusive language with you? Did he know you know that the company has a sexual harassment policy, don't you? I do. And in fact, the sexual harassment policy you received was received at the commencement of your employment, true? That's correct. And you had to sion a document that said you received it and reviewed it. That's correct. And you had to sign a document that said you received It and reviewed It, correct? That's correct. If you'll turn to that exhibit, it's in front of you now and just I'd like you to follow along. In fact, that policy specifies that if you have a concern or if you experienced sexual harassment, you can report that to your supervisor, correct. It doesn't that's what I did. And the policy goes on and says that if you're not satisfied with what the conduct or how your supervisor addresses that, you can take it to the human resources department, doesn't it does. And that's also what I eventually did. I think the key there is eventually you didn't go to HR department after you reported it to Mr. Faulkner on the first occasion, did you? I didn't. I figured he would take care of the matter. And Mr. Faulkner did tell you that he told Gary to knock it off, Correct? That's correct. And at no time after that, did you go to the human resources department? Not after that time now. And after you complain a second time, Mr. foreigner said he would address it again with Mr. Merritt, correct? He did. And he did speak with Mr. Merritt again, correct? That's correct. And at no time after that, did you go to the Human Resources department? Didn't know again, I thought he was my supervisor. He could take care of it. But if you were dissatisfied with what your supervisor didn't, you didn't know that you could go to human resources, Correct? Correct. The third instance, Mr. Gartner actually gave Mr. Merritt a stern warning, didn't he? He did. And again, at that point, you didn't bother to bring anything to the human resources department, did you know I thought the warning would be sufficient. And you didn't tell your supervisor, Mr. foreigner, that you thought he should take more aggressive action, did you? No, I didn't I didn't think it was my place to say something like that. After the shipping department incident when you were receiving cat calls and comments about your walk, that's when youwent to the Human Resource Department. Is that correct? That's correct. And you met with the Vice President of Human Resources, Mr. Johnson. Isn't that true? That's correct. And you told him about everything that had been happening, correct? Yes. And Mr. Johnson immediately doled out discipline to the entire shipping department, didn't it? That's what I was told. And he red Mr. Merritt, correct? That's what I was told. He also told you that if you wanted a leave of absence while he took care ofthe matter, he would provide you with a paid leave of absence, true? He did. He also told you that if you wanted a different position within the company, he would find you a different position within the company. He m. But again, ldidn't do anything wrong, so I didn't know why I would have to move. He didn't force you to move. He gave you an option. You can either take a different position or you could stay in your current role. Wasn't that true? That's true. But you did neither, correct? Correct. You decided that you had no other choice but to quit? That's correct. Regarding your testimony about how upset you are with respect to the conduct from Mr. Merritt, did you ever seek medical attention? I didn't. gig you ever see a psychologists know? Did you ever see a psychiatrist know it's true that as soon as you brought this matter to Mr. Johnson, Gary Marat was red? That's what I was told. Is there anything more drastic anything more severe that accompany can do to an employee than fire him? I don't think so, but they could have acted much faster. You could have taken it to HR or they're more quickly, couldn't you? I thought Thomas was taking care of it. Thank you. l have no more questions for this witness, your Honor. Thank you. Mr. Kaplan. Ms. Cowden, any redirect? Yes, Your Honor. Ms. Adams, the company's policy against harassment, did say that you could go to your supervisor if you had a complaint about harassment, correct? That's correct. And that's exactly what I did. In fact, you went to your supervisor not one, not two, but three times? Yes. And as far as you know, Mr. Merritt was not fired until after you quit. Is that right? That's I 'Yes'. And'as tar as'y'ou know, Mr. 'M'er'ritt was not fired'until after you quit. ls that'right? 'll'h'atl's' I I right. I have no further questions for this witness, your Honor. You may step down now, Ms. Adams. Thank you. We have no further witnesses, Your Honor. Very good. Mr. Kaplan, do you have any witnesses to present? Yes, we do, Your Honor. The defense would like to call Mr. Johnson to the stand, please. Mr. Johnson, raise your right hand, please. Do you swearto tell the truth, the whole truth, and nothing but the truth? I do. You may be seated. Mr. Johnson, can you please state your full name for the record? Yes. Steven Johnson. And are you currently employed? Yes, I am. And where are you currently employed? Tetris computers. And in what capacity are you employed by Tetris? I am the Vice President of Human Resources. How long have you been the vice president? For about 12 years. Do you know Ms. Marilyn Adams? Yes, I do. How do you know Ms. Adams? Well, she used to work at our company as a research analysts though she quit about two years ago. How did Ms. Adams come to speak to you prior to quitting? Yeah. She came into my office and work and told me she was quitting. She said she couldn't take it there anymore. She said she couldn't concentrate on heriob, that when she walked through the shipping department, she would get cat calls and unwelcome attention from the employees there. And that she had also been the Victim of sexual harassment by a co-worker. Was this the first time you had heard this? Absolutely. What did you do in response? I sat there and told her, based on what she was telling me, I needed to immediately commence and investigation and asked her some further questions. And is that process consistent with your sexual and other harassment policy? Absolutely. What, if any, action did you then take? Well, I listened to her side ofthe story and she told me that she had been subject to unwelcome attention by a co-worker named Gary merit. And I told her that while I conducted this investigation, if she wanted, I would put her on a paid leave of absence to give us some time to gure out what was going on. Or I offered her an alternative to put her in a different position where she wouldn't have to walk through the shipping department so she wouldn't feel uncomfortable at work. And did she take you up on either of these offers? No. She said she just couldn't take it anymore and quit. What does your company policy on harassment say in this regard? It says it's a O tolerance policy. We just do not tolerate that in the workplace. After you completed your investigation, what, if anything, did you do? I concluded from the investigation that essentially what Ms. Adams told me was true. I immediately terminate a Gary merits employment. | discipline the entire shipping department and I went through with each individual in the shipping department, the sexual harassment policy so that they understood what was expected of them at work. Thank you very much for yourtime, Mr. Johnson. Ms. Cowden, do you have any questions for this witness? Yes, Your Honor. Thank you. Mr. Johnson, you stated that you conducted an investigation into the harassment once it was brought to your attention. Is that right? Yes. And at the conclusion of your investigation, you decided that Mr. Merritt and many of the other employees and the shipping department head violated your company's harassment policy? That's right. And in fact, the violation by Mr. Merritt was so severe that you determined that the appropriate course of action was to terminate his employment? Yes, that's true. In fact, I believe you also stated that it's Tetris is policy to take prompt remedial action to address workplace harassment. Is that true? Absolutely. What was it that Mr. Merritt had done that caused you to believe that he had violated the company's policy? Well, all of it, everything that we've heard Ms. Adams talk about that he repeatedly asked her out on dates, that I had determined that those requests were unwelcome. He kept giving her gifts. And probably most offensively was he gave her a gift of Victoria Secret lingerie, which was totally inappropriate in the workplace. And you sav vou actuallv determined that his advances were unwanted? Yes. How did you conclude that that was the case? Well, Ms. Adams told me and I believed her and L ML Merritt, as much as confirmed it to me. And Ms. Adams, in fact had reported the conduct or supervisor previously, correct? Well, not that I knew of at the time. But eventually you learned that she had reported at previously to her supervisor? Yeah. I only first learned about it when she came in and told me she was quitting. Okay. What does Tetris mean by prom pt remedial action? Just what it says as soon as I found out about it, I immediately commenced an investigation. And once I found out that there [was marital or complaints, I took very severe steps to ensure that the problem would be xed. Thank you. And according to Tetris is policy, you actually require notjust one, but actually require all employees to report harassment when they believed that they mg been a victim of harassment, correct? Sure. Ifthe company doesn't know about it, we can't do anything to prevent it or x the problem. And then once harassment has been reported, at that point, it's up to the company to take action short. That's exactly what I did. And your policy specifically says that it is appropriate for a Tetris employee to report harassment to a supervisor, correct? Yes. And you'd agree with me that Ms. Adams did in fact report harassment by Mr. Merritt to a supervisor? I found that out later on, yes. In fact, she reported it on three separate occasions. Didn't see that. I don't know about what you learned about that later. Yes. And she reported the harassment to her supervisor because the harassment continued each time after she reported it. I also don't know about that. Really didn't you testified earlier that you actually determined that Mr. merits conduct violated your policy and it was so egregious that you had to fire him? Yes. Do you know about how much time elapsed between when Ms. Adams rst reported Mr. merits harassing conduct to Mr. Faulkner and when she nally came to see, you know You agree with me that she came to see you because the harassment hadn't stopped? Correct. Did you know it was nearly three weeks between when Ms. Adams first reported Mr. merits conduct till the time that she came to see you? Not at the time, I didn't. But you would agree with me that three weeks is a pretty long time, Correct? Not necessarily. It depends. Depends on W: what's going on. If nothing was happening, that's not such a long time. Fair enough. But you would agree with me that ifthere was harassment occurring throughout that three-week period, that that was a pretty long time. Maybe. I have no other questions for Mr. Johnson. You may step down. Okay. Very good. Ms. Cowden, are you ready to proceed with your final argument? Yes, Your Honor. Ladies and gentlemen, this is not a hard case to understand. The fact of the matter is Ms. Adams life changed after she met Mr. Merritt at that company picnic in a few minutes, the judge is going to tell you that sexual harassment is basically unwanted conduct of a sexual nature that affects a person's ability to do theiriob. Now, Ms. Adams has told you that Mr. merits actions affected herjob. She also told you that it was unwanted. She testified that she didn't want Mr. merits gifts. She didn't want his love nodes, and she certainly didn't want lingerie from him. She told you how she was afraid to see Mr. Merritt at work. She also told you that she had trouble concentrating and she was afraid of what was going to happen next. Now, the defendants their questions imply that Ms. Adams apparently didn't make it clear that Mr. merits advances were unwanted. | asked you what magic words, what she's supposed to use are we now going to blame her'? She's simply did what the policy told her to do. She went and she reported Mr. merits behavior to her supervisor in a few minutes. The iudges also going to tell you that a reasonable woman in Ms. Adams position must feel the same way as Ms. Adams. So think about that for a minute and think about that Reasonable woman. Your dauohter mioht. Reasonable woman. okay? Okav. Don't don't think about your daughter and you don't think about what your daughter your Honor. Council, please proceed. Thank you, Your Honor. Fact of the matter is that a reasonable woman in Ms. Adams position would be frightened if someone was parked outside their house for hours, a reasonable woman would be frightened. Ms. Adams was frightened. If someone was stocked, they would be frightened. Ms. Adams was frightened. A reasonable woman would have done what Ms. Adams did in this case. She would have complained to her su pervisorjust like the policy told her to do. Ms. Adams did that and it didn't help her out. She went and she told Mr. Faulkner that Mr. Merritt was parked outside her house for hours. And Mr. foreignerjust told Mr. Merritt cool 11mm went and she told Mr. partner that she was receiving lingerie from Mr. Merritt and Mr. Hornerjust told Mr. Merritt to stop sending the gifts. Finally, when Ms. Adams complained to Mr. Faulkner for a third time, nally, they got it. But Mr. Merritt must have gotten mad too, because that's when Ms. Adams started being subjected to rude comments, imitation of her walk, cat calls, and comments about hooters. Ms. Adams simply couldn't take it in that situation. Now, tetris wants you to believe that they shouldn't be held responsible here today because they took immediate action. But the reaction didn't work. They shouldn't get credit for taking action. That was of no consequence. Ms. Adams should not have to live with sexual harassment for almost a month before anything is done. I asked you to send a message to Tetris computer today, teJl them that it's not acceptable to wait to take effective action. Tell them that sexual harassment needs to be promptly stopped. Thank you very much. Thank you. Mr. Kaplan, your final argument, please? Yes, Your Honor. Thank you very much. Ladies and gentlemen of the jury, opposing counsel didn't tell us what Tetris should have done. We were confronted with a situation where one employee expresses interests and another employee, and there's absolutely O reporting between the two. If the individual that's the male employee asks the female employee out and the female employee says no. Supposed to fire the male employee right away. What if the woman asked the man ggts? And the man says no, do we fire the woman right away? lfthey asked each other twice as a two strikes and you're done, That's it. No more, they're gone. Ms. Adams knew that Tetris had a policy. She knew under that policy that if she had an issue or a complaint, she has to take it to her supervisor. She did take that complaint to her supervisor and their supervisor acted reasonably and approached Mr. Merritt and told them to knock it off. Ms. Adams knew that under the policy, if she didn't feel satisfied with the response that she received from her supervisor, she should take that issue to the HR department. She was responsible to take it to the VP of HR, Mr. Johnson and let him know that something was going on. Did she do that? No, she didn't. She didn't do that until she received cat calls when she was walking through the shipping department. But as soon as she did take that to Mr. Johnson, as soon as she reported, pursuant to the policy, immediate and the most drastic action imaginable was taken. Nothing more could have been done. Mr. Merritt was fired immediately and the shipping department all rage/lye discipline. What else could the company of duck should they simply have fired Mr. Merritt immediately, not provided any opportunity for him to reform his conduct? I don t think that's the law. And that's not the law that the judge is going to tell you about it. That's not what we want our companies to do is act on a moment's notice like that. Thank you very much for your time. Thank you. Council. Members ofthe jury, this case is now being submitted to you. You are the judges in this case of the facts and the law as provided in my with my instructions, your decision must be unanimous and should reect the evidence you heard today. And the common sense that each of you brings with you. The following legal rules apply to this case. The evidence consists of the testimony in the case and the reasonable inferences that you draw from that evidence. The statements of counsel are not evidence. Ms. Adams has the burden to prove that she was subjected to sexual harassment. Sexual harassment means physical or verbal conduct of a sexual nature that is unwelcome, that creates an intimidating, hostile, or offensive working environment. Ms. Adams does not need to prove that she suffered psychological injuries to establish that there was a hostile work environment. She only needs to show that she perceived the environment was hostile. And then a reasonable woman would also perceive that the environment was hostile. The question is whether the conduct was unwelcome and severe and pervasive to Ms. Adams, and would be unwelcome and severe and pervasive to a reasonable woman. If you decide that there was harassment, then there's a second step deciding whether Tetris is liable or responsible for that harassment. If you conclude that there was sexual harassment of Ms. Adams, then you may nd against Tetris only if Tetris failed to make prompt remedial actions reasonably calculated to stop the harassment. If the employer knew or reasonably should have known about the sexual harassment and failed to take prompt remedial action that was reasonably calculated to stop the offending conduct, then you may find for Ms. Adams. Finally, Ms. Adams also claims that she was constructively discharged. This means that her working conditions became so intolerable that a reasonable woman would have felt forced to resign. If Ms. Adams establish this, then and only then has she established the case of constructive discharge. You will now be given a special verdict ggestjgns, elective for person, and begin your deliberations. We await your decision. Members of the jury, have you reached a verdict? Yes, we have, Your Honor. Would you please hand it to the clerk? The court would ask the clerk to read the verdict. Was the plaintiff a victim of sexual harassment? Yes. Is the defendant employer liable for that sexual harassment? Yes. Was the plaintiff constructively discharged? Know what amount, if any, of compensatory and punitive damages or do the plaintiff seventy-five thousand dollars. Members ofthe jury, we thank you for your service to this court. Court adjourned