Review all of the section on prohibited activities under Title VII in Chapter 19.

DIY Mart is a global chain of do-it-yourself hardware stores. It prides itself on its sexual harassment program. All DIY Mart employees undergo sexual harassment training annually and there is a detailed complaint process.

Jade is the manager of the plumbing department at their New Town location. Luke is the manager of the lumber department at the same store. Luke repeatedly asked Jade out on a date. She continually refused. One night as they were closing up, Luke snuck up behind her, pinned her against a display, and kissed her. She told him not to do that again. Luke then started to leave sexually suggestive notes in her department for her to find. Luke did so on five straight shifts. Jade became so distraught that she started seeing a therapist. She also reported the incident to the general manager of the store who reported it to the regional office as was required by the DIY's complaint procedures. The story ends with Jade being transferred to the Old Town location and no action being taken against Luke.

1. Explain the two types of sexual harassment. What is required for each type? Can Jade prove either or both types? Why or why not?

2. There is a subheading about Employer Liability in section 19-2a. Review it and answer the following - what test will the court use to determine if DIY Mart, as the employer, may be liable for Luke's behavior?