Case: Smith vs. Jones
Mary Smith was the records custodian at ABC Security, Inc. About four times a week Gene Jones, the vice-president of operations for ABC, complimented Smith on her appearance. Onone occasion, he measured the length of her skirt to judge its compliance with the company’s dress code and then told her that she looked “really good.” In addition to regularly telling Smith how attractive he found her, Jones made references to his physical fitness to indicate he was an attractive person desired by females. He repeatedly remarked to Smith that if he had a wife as beautiful as Smith, he would not permit her to work around so many men. Jones also had a security camera installed in Smith’s office in a way that permitted him to observe her as she worked. Smith reported this behavior to her immediate supervisor, who simply responded, “Boys will be boys.”
1. Analyze whether Jones’ actions constituted legally actionable sexual harassment of Smith.
2. Analyze what ethical obligations, regardless of whether Jones violated the law, did Smith’s supervisor have to protect her from Jones’ behavior. What is the business lesson to be learned?
3. Analyze whether Smith has any actionable tort claims, besides sexual harassment, and what they may be and against whom.
