Reference no: EM132159422

Mary Barnes was employed by the Manwell Company of Maine, Wyoming [324 full-time employees].   She worked at an off-site location near Maine keeping track of the inventory in that facility. Mary was the only female in the building and Milton, her supervisor, subjected her to occasional verbal abuse. [Milton had never received training concerning sexual harassment in his eight years with the company.] He often used vulgar language to refer to women, regularly told lewd jokes and made gestures insulting women in her presence but never directly addressed Mary. In addition to putting up with Milton’s comments, Mary grew tired of the behavior of Buford, the Office Supply salesmen who came by every month to take orders and make deliveries. Buford commented on her breasts and often asked her, with a smirk, if she was interested in going to the rodeo with him to see the “bucking broncos” in action.   Mary became increasingly frustrated and decided to quit. She never reviewed the firm’s sexual harassment policy contained in the employee handbook. To avoid angering her spouse, an intensely jealous man, Mary never filed a complaint with the company’s EEO hotline or complained to the HR office about the behavior of Milton or Buford. Also, following services one Sunday shortly after Buford’s “bucking bronco” remark she complained about Buford, who happened to be a member of her congregation, to Abel, another member of her church and the deputy general manager at Big Sky [who had also never received training in sexual harassment] when they bumped into each other in the church parking lot.   Abel nodded his head sympathetically and said he would pray for Buford’s redemption but declined to speak with him out of concern over distressing Buford’s wife. Explain what Mary must prove [i.e., state each element of the prima facie case and analyze the facts to see if evidence exists in support] in order to maintain a case for sexual harassment [and specify what type of sexual harassment, if any, she could allege against Manwell .]. [Assume that she has filed a charge with the EEOC, that the agency found no reasonable cause for the charge and issued a Right to Sue letter.]

Discuss how the court would rule on Manwell’s attempt to avoid liability for the actions of (A) Milton and (B) Buford. [Be sure to explain the standard the court would apply under Title VII for employer liability for the actions of (A) Milton and (B) Buford.] Who would win if the case winds up in federal court? Would the result be the same if the conduct occurred in California? Be sure to explain your answer.