Tom Osborne is the Manager of “Cornhusker Kettle Korn” (CKK), a sports themed re
ID: 464264 • Letter: T
Question
Tom Osborne is the Manager of “Cornhusker Kettle Korn” (CKK), a sports themed retail store that sells . . . wait for it . . . kettle corn. CKK employs twenty (20) people: eighteen (18) male employees (including Tom) and two (2) female employees (Melissa and Kristin). Tom is a strict disciplinarian who runs an extremely tight ship, and the employees like to “blow off steam” when he’s not around. The employees, who are required to dress in wrestling leotards, routinely make lewd comments, snap each other’s leotards and smack each other on the butt (like athletes) after sales. Melissa frequently initiated the physical conduct and had the raunchiest mouth of all. Kristin, on the other hand, who was pure as the driven snow, didn’t take part in or appreciate her co-workers' behavior. While the male employees respected Kristin’s wishes, Melissa gave Kristin a “double-dose” of it. CKK had a policy in place to prevent all forms of harassment, including sexual harassment. The policy required employees to report any/all alleged harassment to Tom. Kristin, however, didn’t tell Tom about the conduct. Instead, she quit. Because of difficult economic conditions, despite her best efforts, Kristin wasn't able to find another job in the eleven (11) months since she quit. Without enough money to pay the rent, she filed a lawsuit against CKK alleging sexual harassment in violation of Title VII. As such:
• Identify the relevant facts;
• Identify the issue(s) presented;
• Identify the rule(s)/test(s) that a court would apply;
• Identify a case(s) from the text addressing these issues;
• And, provide legal/practical solutions to the problems.
Explanation / Answer
The workplace has 18 males and just 2 females, this can be a basis for sex discrimination, and investigation ought to be done in this respect. Title VII can be applied with respect to this aspect only.
Regarding sexual harassment, the facts of the case do not call for a legal solution, but practical solutions can be considered to guide better employees’ behavior, particularly Melissa’s behavior towards Kristin.