Question
Kami Ellery quit her job after 15 months as a salesperson for an Industrial employer. She alleged she had been subjected to constant sexual harassment
Kami Ellery quit her job after 15 months as a salesperson for an Industrial employer.
She alleged she had been subjected to constant sexual harassment by one of her supervisors, Tommy Spano.
Spano was a mid-level manager who had authority to hire and promote employees but was not considered a policy-maker.
Spano allegedly repeatedlymade offensive remarks and gestures that compromised Ellery's ability to work.Additionally, three times Spano's comments could be construed as threats to deny her tangible job benefits.
Ellery refused all of Spano's advances, yet suffered no retaliation and was, in fact, promoted once. Moreover, she never informed anyone in authority about Spano conduct, despite knowing the company had a policy against sexual harassment.
The Questions for Question 2 each sub part is worth up to 5 points.
A.Explain why this scenario does or does not meet the elements for quid pro quo harassment,which occurs when a person in a position of authority conditions job benefits on the employee's submission to the harassment, and the failure to comply has a negative effect on the employee's job status.
B.Assume Ellery sues for hostile workplace harassment.The employer has a strong defense in this scenario.Explain what it is, and whether you believe the employer would or would not be found liable for violating Title VII.
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