>>>>WRONG ANSWER!!!!!

If Jim's 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 ____________.

oRestitution

oRetaliation

oSexual orientation discrimination

oBreach of the warranty of good faith

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.

Spike's 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 Butch's comments. Julie tells the Chief she is upset by Butch's 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 gay, sits adjacent to Julie and hears Butch's sexualized comments. Butch does not direct any comments at Jim. Jim becomes very upset and complains to the Chief about Butch's 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 Butch's continuing behavior.

One day, Hannah, Julie and Spike's 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 Butch's 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.