Question
Read the case Ellison v. Brady in Chapter 9. Write a 1-2 paragraph summary of the case and answer the case questions.
The case study should have 2 sections:
Summary: Write a 1-2 paragraph summary of the key facts and legal issues in the case.
Case Questions: Answer each of the listed questions following the case using the facts of the case and the concepts introduced in the textbook. You must also clearly explain your reasoning. Be sure to number your responses.
APA 7 format is required. This includes APA citation to information from the textbook within the text of the summary and answers to the questions in addition to a separate reference page.
Solution
Week 3 Case Study
Summary
The Ellison v. IRS case study involves a sexual harassment suit filed by Ellison, a revenue agent at IRS, against Gray, her co-worker. Information from the case reveals that Gray had allegedly made some sexual advances towards Ellison, despite the two not working closely together. Notably, Gray began by asking Ellison out for lunch, after which he became persistent in asking her questions, inviting her to go out and even hanging around Ellison’s desk, a behavior that Ellison had not witnessed before. Also, Gray began sending Ellison some personal letters, which triggered fear in the complainant, given that the two barely knew each other.
In fear of what Gray would do next, Ellison took action to bring to a stop what appeared to alter the conditions of her employment. At first, Ellison reported the matter to her supervisor, after which the latter promised to tackle the issue. Ellison then proceeded to send a co-worker to warn Gray to stay away from her. Furthermore, Ellison requested a transfer, a request that worked in her favor, following Gray’s transfer to San Francisco. However, when Ellison learned that Gray would return to San Mateo, coupled with the fear that Gray’s letters had instilled in her, she decided to take further legal measures by filing a sexual harassment appeal against the IRS, where the court found Gray’s action to be a violation of Title VII.
Case Questions
Question One
Among other factors, the court utilized the “reasonable victim” standard in determining the Ellison v. IRS case. Notably, this standard is often used by jurors to analyze an action from the victim’s perspective. In my view, I agree with the court’s use of the “reasonable victim” standard because it helped the latter incorporate the unique experiences of women in the case, to understand harassment from Ellison’s view. The standard also helped the court avoid a male-biased decision that would trivialize the matter and make an informed decision on whether or not Gray’s action was sufficiently severe and pervasive to alter the conditions of Ellison’s employment.
Based on the analysis of the case, I agree with the court’s use of the “reasonable victim” standard because it helped the court incorporate the unique experiences of women to understand harassment from Ellison’s view and avoid a male-biased decision that would trivialize the matter. As noted in the case, it is typical for a sexual harassment case to be dismissed solely because the alleged harasser’s viewpoint has a non-ill intent. For example, in Ellison’s case, taking a reasonable person’s view might have led to the argument that Gray’s action was simply a well-intentioned approach to woo Ellison. Besides, it might also have been argued that Gray did not realize that his conduct created a hostile working environment, probably because his intentions were unobjectionable. This view would have denied Ellison a remedy by trivializing the matter, and to a greater extent promoted similar behavior in the working environment. However, the use of a “reasonable victim standard” helped eliminate the bias by considering Ellison’s views and evaluating whether her concerns constituted sexual harassment from a female perspective.
Question Two
In a court’s context, the use of the “reasonable victim” standard would be ideal in analyzing harassment from the victim’s view and granting the latter considerable remedy. Similarly, in my opinion, the standard does not create problems for management; rather, it provides an opportunity for women and men in the administration to evaluate facts from the same perspective.
I think that despite some scholars and legislators opposing the use of the “reasonable victim” standard, it does not create significant problems for management as it brings consensus in views regarding sexual harassment. To illustrate, initially, when the standard of reasonable person was highly utilized in determining cases on sexual harassment, it was more likely for the management to tolerate actions that might have been sexual in nature because such issues were analyzed in a broader social context, which condoned the actions on media. As such, this traditional approach created problems in the management because the latter could not adequately determine whether a harasser’s conduct was pervasive to create an abusive working environment in the context of the larger society. However, the “reasonable victim” standard brings consensus in management by helping both men and women analyze sexual harassment issues in a narrow context that incorporates the victim’s unique needs, such as women’s disproportionate exposure to sexual violence.
Question Three
In my view, Ellison was not overly sensitive about Gray’s advances because a second party of the same gender also responded to the matter similarly, thus validating the victim’s concerns. Notably, an analysis of the case scenario reveals that when Ellison reported the matter to her supervisor and requested for a transfer, the latter responded promptly and transferred Gray to San Francisco. The supervisor’s prompt response to the request suggests that she also acknowledged Gray’s actions as sufficiently pervasive to alter Ellison’s condition of employment. The supervisor’s reaction also indicates that from a reasonable woman’s perspective, Gray’s action was a form of sexual harassment, thus leading to the view that Ellison’s response was not overly-sensitive.
If I were the supervisor to whom Ellison reported the incidents, I would have taken immediate permanent measures from the start rather than allowing the matter to escalate. As is evident from the case scenario, after Ellison filed a complaint with IRS, the Union transferred Gray to San Francisco for six months, after which he returned to San Mateo. In my view, the Union’s decision to allow Gray back to San Mateo probably triggered fear in Ellison as she would have to work with the alleged harasser again. Therefore, to avoid matters escalating to such a traumatizing stage, I would have ensured that Gray was permanently transferred to San Francisco and that his communication with Ellison was barred entirely.
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Formatting
Title Page
Citation
Outline
