Employment law case analysis – case 1
Maxine Scott was hired by Sears as an auto mechanic under a program to train women for nontraditional jobs. After completing a 12 week training course, she was given a position as a mechanic at the Sears auto department at the Overland Parkstore. Her fellow mechanics, all male, would occasionally ink at her and ask her to join them for drinks after work; one mechanic continually offered to give her a “rubdown”. Scott admitted that none of the mechanics ever touched her or explicitly asked her to have sex, and she never complained to her supervisor about the “suggestive” remarks. Scott was expected to complete two to two-and -a-half brake jobs per day; after 9 months on the job, she was able to complete two brake jobs per day, while more experienced mechanics could complete three jobs per day. She was discharged after one year, and no mechanic was hired to replace her. She filed suit under Title VII, charging that her discharge was due to sex discrimination and a hostile work environment due to sexual harassment.
According to Lee (2008), “For sexual harassment to be actionable, it must be sufficiently severe or pervasive to alter the conditions of [the victim’s] employment and create an abusive working environment.” In this case, Scott was subjected to sexual harassment but it was not severe. Within the current interpretation of Tittle VII, Scott needs to prove beyond any reasonable doubt that the sexual advancements led to her sacking. However this is not the case. Even with the assumption…