In the case of Ms. Darcy vs. Big Car Company, I agree with the judge’s decision. Ms. Darcy did prove that Clarence was in fact her supervisor; Mr. Clarence’s behavior did constitute as sexual harassment towards Ms. Darcy, and was put into a hostile work environment while around Mr. Clarence, his supervisors, and the treatment after making a complaint to HR.
As a juror, I would find that Clarence was a supervisor. That his actions were sexual harassment, and there was a hostile work environment. Clarence did have the authority to assign team members to tasks and monitored their activity. He was able to get whomever he wanted to work on his team, if he requested them. There is also the fact that one of the senior supervisors telling Ms. Darcy, “What Clarence wants, Clarence gets.”
Mr. Clarence’s behavior of vulgar, lewd, and sexual gestures with his hands and tongue was sexual harassment. His actions of propositioning her in a sexually graphic language, asking if “she ever had a man’s finger up her butt, forcibly trying to kiss and invite her to have sex with him,” are all seen as objectively offensive for any reasonable person. Mr. Clarence’s actions of rubbing his body up against hers either throughout the day or every day is frequent enough to be sexual harassment.
Ms. Darcy was put into a hostile work environment when she went to Clarence’s supervisor to tell him that she was uncomfortable with his behavior, but was laughed at, and told that is just Clarence’s behavior. The demotion and put into a dirty work station that would only get closer to Clarence’s work station for coming forward could also be seen as hostile. The fact that Clarence would use the “f” word while making suggestive moves, saying the turning him away only turns him on even more, and grabbing her ponytail can all be viewed as threatening and hostile.
The Judge’s and my decision did prove that Clarence was Ms. Darcy’s supervisor, his actions were sexual harassment, and Ms. Darcy was put into a hostile work environment.