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Submitted By RHarry35
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Employment Law and Discrimination
Racquell Jones Business Law
University Of Phoenix November 9, 2015

SEXUAL HARASSMENT
In the case of Jonathan Silverstein, plaintiff vs. Meredith Shaw, defendant. The plaintiff claims that the defendant caused him to miss out on a promotion because she put a sexy screen saver on his computer and when his boss saw it he lost a promotion. The key elements of this case were whether the sexual behavior that the plaintiff had towards the defendant was unwelcomed. This element of the case is subjective as we cannot ascertain the real intentions of the doer and the reaction of the recipient towards what he had been experiencing. The fact that the defendant claims that this was something that had been going on for sometimes begs the question why the plaintiff had not reported this case to the relevant authorities.
The second element of this case is the question “does the plaintiff reaction meet the reasonable person standard?” The plaintiff reaction is not that of a reasonable person because he should have anticipated what the consequences of the harassment he was experiencing, and put a stop to it at an earlier time rather than start blaming his peers when the damage is already done. The other element is whether a hostile environment has been created. A hostile working environment has been created for the plaintiff in his workplace because he chose to file a case against a lady and yet he had also been experiencing sexual harassment jokes from his male counterparts in the workplace. The other element of this case is whether there was employer liability. It is not the work of the employer to know whether their employees are experiencing sexual harassment in their workplace. In the case of Swentek v. US AIR, Inc., 830 f2d 552 (4th Cir. 1987) where the

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