Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 21

FACTS Teresa Roberts worked for Mike's Trucking, Ltd., in Columbus, Ohio. Mike Culbertson, her supervisor, was the company's owner. According to Roberts, Culbertson called her his "sexretary" and constantly talked about his sex life. He often invited her to sit on "Big Daddy's" lap, rubbed against her, trapped her at the door, asked her for hugs or kisses, and inquired if she needed help in the restroom. Roberts asked him to stop this conduct to no avail. She became less productive and began to suffer anxiety attacks and high blood pressure. Roberts filed a suit in an Ohio state court against Mike's, alleging a hostile work environment through sexual harassment in violation of Title VII. A jury decided in Roberts's favor, and Mike's appealed.
ISSUE Was Culbertson's conduct sufficiently severe or pervasive to create a hostile work environment through sexual harassment in violation of Title VII?
DECISION Yes. A state intermediate appellate court affirmed the lower court's judgment in Roberts's favor. "There was sufficient and substantial evidence to support the jury's finding that a reasonable person would find Culbertson's conduct created a hostile environment and Roberts found the conduct to be sufficiently severe or pervasive to affect her employment."
REASON To conclude that conduct is severe or pervasive enough to create a hostile or abusive work environment requires a determination that (1) a reasonable person would find the environment objectively hostile and (2) the plaintiff did subjectively find the conduct severe or pervasive.
In this case, the testimony of other company employees and Roberts's fiancé corroborated her account. The witnesses confirmed that Culbertson frequently engaged in conduct ranging from inappropriate discussions to groping women. He talked about his sex life. He asked Roberts and other female employees if they needed help in the restroom. He asked them to sit in "Big Daddy's" lap. The witnesses also confirmed that Culbertson's behavior became worse over time.
Additionally, Roberts's testimony that she she did not want to go to work anymore, became less productive, and suffered anxiety attacks established that Culbertson's conduct unreasonably interfered with her work performance. Her fiancé also confirmed that she had lost confidence in her ability to perform her job.
FOR CRITICAL ANALYSIS-Ethical Consideration Was Culbertson's conduct at any point unethical? Discuss.