When Joan started working as a bartender at the Palace Hotel. Otis the other bartender started harassing her, making sexual jokes and brushing against her four or five times a day. She told him twice to stop and each time he just did it more. After two weeks. one or the servers who saw it happening told Joan that Otis did the same thing to the last bartender. Joan quit that day and never went back. If Joan sues the Palace Hotel for sexual harassment, will she win? Maybe, it depends. So explain your answer. Use the rules of liability.

Rules of Liability

1. Quid Pro Quo: strict liability ("respondent superior") by supervisor or manager

Any adverse action conditioned on consent to sex The employer is liable if:

1. it happens

2. Hostile Work Environment (by co-worker, guest, anyone)

Unknown: No supervisor or manager knows about it

Not liable if defendant can prove

1.Reasonable preventative action -- training

2.Effective opportunity to report -- hotline

3.Unreasonable failure to report -

Known: Observed or reported

Not liable if defendant can prove:

1.Reasonable preventative action

2.Prompt remedial action

3. Retaliation: strict liability

Any adverse action, including continued harassment, because of

-complaining to management or HR

-resisting, rejecting, objecting to harassment

-filing charge or lawsuit

THESE DEFENSES DO NOT WORK IN COURT (maybe ... it depends)

oIt's just the nature of the restaurant business

oYou knew it was like this

oIt's just a joke

oOthers are not offended

oShe didn't officially report it

oHe/she did it too

oShe quit

oThe harasser was warned to stop it so sue him