Simulation: Sexual harassment lawsuit Custom Essay

This simulation involves a hearing at the trial court level on a motion for summary judgment in a case involving the employer’s liability for alleged sexual harassment.
Motion

Before a case goes to trial, the parties use various motions to refine and define the issues. One such motion is the Motion for Summary Judgment. In this case, the employer’s Motion for Summary judgment claims that the employee has failed to state sufficient facts for a jury to be able to decide that a) the conduct complained of constitutes sexual harassment and b) the employee who allegedly is guilty of harassment is a “supervisor”, and c) that the company maintained a “hostile workplace.”
Briefs

Motions for Summary Judgment are submitted in writing and are supported by written arguments, called Briefs. Judges will look at the motions, the briefs, and any other sworn statements that parties have made, such as oral depositions or sworn answers to discovery (see page 171 in your text) and will also hear oral argument from the parties’ attorneys on the issues raised in the motion.
The Facts

The moving party, in this case Big Car Company, is attempting to convince the judge that its employee, Clarence, did not sexually harass Maybelle Darcy, and that Clarence is not a supervisor. To win its point, Big Car must convince the judge the facts stated by Ms Darcy are not sufficient at law to constitute sexual harassment, are not sufficient at law to show that there was a “hostile work environment” and are not sufficient at law to show that Clarence is a supervisor.

Ms Darcy, in order to get her case to a jury, must convince the judge of the opposite.
Supervisors and middle managers are routinely named as defendants in sexual harassment cases. The awards can be quite large. The cases themselves can take many years to resolve. The case upon which this simulation is based was in litigation for three full years.
Before Watching

Before you watch the simulation, review the material covered in points A, B and C that follow. Watch the simulation, then complete the assignment below.