Hypothetical Case Related to Sexual Harassment

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Table of Contents

Issues arising from the case
The Rule
Compare and contrast

Ben Kerrigan and Allison LaCroix work in the same office. Ben’s passion for Allison has remained a secret to her. Ben and Allison have worked together for five years. Ben Kerrigan is married to Jeannie. Ben and Allison established a connection as colleagues of the same organization. Ben desired to have an intimate relationship with Allison. Allison is unaware of Ben’s emotions towards her. Allison believed the care shown by Ben is influenced by personal understanding. Ben asked Allison to be his guest at the launch date and she gladly accepted. Ben viewed Allison’s acceptance as an opportunity to express his emotions towards her. Ben finally opens to Allison about his passion towards her. Allison was shocked by the revelation and left the restaurant. She reported Ben to her supervisor and filed a report for sexual harassment.

Issues arising from the case

Ben and Allison are colleagues and they share an understanding as friends. Although there are married, Ben’s desire for Allison was real. He showed positive emotions towards Allison. Allison may be ignorant of his emotions towards her, but she accepted his moves and gestures. Allison believes his gestures were based on the understanding the existed between them. They are not strangers to their friendship, as each relied on the other in times of difficulties. Allison discussed her marriage problems with Ben thus, acknowledging Ben’s role as a confidant. The steps taken by Allison may be seen as a sign of goodwill and thus, motivated Ben to expose his emotions towards her.

The Rule

Sexual harassment involves any form of verbal or body language that threatens the existence of another individual. An unwelcome conduct by Ben will be termed sexual harassment. The charge of harassment must be a threat to the victim’s life or job. In this case, Ben and Allison are colleagues with the same rank. Ben’s statements will not be a threat to Allison’s job. Therefore, Ben’s statement does not constitute sexual harassment.

Compare and contrast

Ben has a right to free speech provided his statement was not a threat to Allison. Ben expressed his emotions in his speech and the statements did not incite Allison. Ben and Allison had a form of relationship and Ben saw this relationship as a positive sign. The statement made by Ben at the restaurant was constitutionally protected and will not be used against him. The right to free speech will be used to exonerate Ben. However, a trial judge may find him guilty of sexual harassment. His conduct revealed his desire for Allison, which is a proof of sexual harassment. Using natural law, Ben should conduct himself appropriately. He is married and should not defile the sanctity of marriage. Marriage obligations to his wife Jennie must be observed. His duty of fidelity to his wife should not be broken. By his actions, one would think the passion was mutual. Allison agreed to follow him without objection. No one can prove that Allison will consent to his request if the situation was reversed. The lack of evidence will influence the result of the inquiry. The case will be set-aside by the internal department on lack of evidence.

Finally, Ben should be warned to avoid further occurrence. Allison may view several actions as abnormal, but did not file any charge against Ben. It is necessary to formulate an acceptable meaning of an unwelcome speech. Allison’s zero tolerance for Ben’s conduct is not a proof of sexual harassment.

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Hypothetical Case Related to Sexual Harassment

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