Characters:

Butch—a police officer at Trenton P.D. who holds a grudge against his colleague, Spike
Spike—a police officer at Trenton P.D.
Julie—Spike’s wife and an office worker at Trenton P.D.
Chief—the chief of police and the boss of Butch, Spike, and Julie
Jim—a gay man and an office worker at Trenton P.D.
Hannah—Spike and Julie’s sixteen-year-old daughter

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.

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1. Hannah’s claim of sexual harassment is ______________.

· Not available because she is a minor, and only adults are protected by Title VII · Valid under United States Code section 1812 · Available to her as she is a collateral victim of a valid sexual harassment claim under Title VII · Not available as she is not an employee of the Trenton P.D.

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2. Bookmark question for later

Jim’s claim under Title VII is _____________.

· Invalid, because he was not the target of Butch’s actions · Valid under hostile work environment sexual harassment · Supported by the Equal Protection clause of the Constitution · Valid under quid pro quo sexual harassment

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3. Bookmark question for later

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 ____________.

· Breach of the warranty of good faith · Restitution · Retaliation · Sexual orientation discrimination

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4. Bookmark question for later

Jim may have a valid claim for sexual harassment under which of the following labels?

I. sexual orientation discrimination
II. hostile work environment discrimination
III. quid pro quo sexual harassment
IV. intentional infliction of emotional distress

· II only · I and II · I only · II and IV

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5. Bookmark question for later

Julie may have a claim for sexual harassment under which of the following labels?

I. hostile work environment discrimination
II. quid pro quo sexual harassment
III. intentional infliction of emotional distress

· I, II, and III · I only · III only · I and II

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6. Bookmark question for later

Which of the following elements will Julie have a hard time proving to a jury in a hostile work environment sexual harassment case?

· Sexually charged work environment · Psychological distress · Inability to perform her job · Severe and pervasive actions

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7. Bookmark question for later

What will most likely result from Spike’s claim of sexual harassment?

· It will prevail because he is a victim of hostile work environment sexual harassment. · It will fail, because the facts do not show Spike suffered any harassment personally or that he could not do his job. · It will prevail because he was a collateral victim of sexual harassment against his wife and daughter, and he is an employee of Trenton P.D. · It will fail, because he is the same gender as the sexual harasser.

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8. Bookmark question for later

Julie might not win her case if Butch can show that ____________.

· His actions were motivated by his hate of Spike and were not for sexual intent · His sexual comments were made to Hannah, not Julie · His intended target was Jim · His actions were directed at Spike, not Julie

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9. Bookmark question for later

Even if Julie cannot prove that sexual harassment occurred, she might win her case under Title VII if she can show proof of _______________.

· Sexual orientation discrimination · Breach of the warranty of good faith · Retaliation · Restitution

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10. Bookmark question for later

Butch’s citation to Hannah for a traffic violation is ___________.

· Sexual harassment · Unjustified · Valid · There is not enough information to answer this question.

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