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Question
Styling Shenanigans. Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there. He paid her no attention. Finally, Candy told him that to get her approval of his new blow dryer request, he needs to take her on a date and give her a kiss. Bruce reluctantly did so. When they returned to work, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert was cute, and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that it personally never bothered him; but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. Robert says that while he found Candy entertaining, in all fairness, he should be able to recover if Bruce does so. Which of the following is true regarding Robert's claim of sexual harassment?
A. He will be able to prevail only if he visits a psychologist.
B. He will not be able to prevail because Candy did not require that he take any action toward her in order to receive a work-related benefit or avoid a work-related detriment.
C. A recovery by Bruce does not establish that Robert should recover because Robert would need to show that he subjectively found Candy's conduct unwelcome.
D. Candy's actions would be reviewed only on an objective basis, and what Robert subjectively thought is irrelevant.
E. Robert will be able to recover only if he can establish that he did not benefit by favors at work based upon Candy's actions.
Answer
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A. The agency representative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for judicial review.
B. Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
C. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
D. Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
E. Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.