Question

Subject is commercial law

Margaret’s boss, Carol, constantly makes sexual overtures to her while Margaret is at work. Margaret has told Carol that she is not interested, however, Carol persists. Recently Carol threatened to fire Margaret if Margaret did not agree to have sexual relations with her. In this situation:

a. Margaret will not have a valid claim under Title VII of the Civil Rights Act because the usage of the “word” sex in the Civil Rights Act has been interpreted to mean ONLY gender and not sexual preference.

b. Margaret will not have a valid claim under Title VII of the Civil Rights Act because the Act does not cover same-gender sexual harassment.

c. Margaret will have a valid claim under Title VII of the Civil Rights Act.

Answer 1

a. Margaret will not have a valid claim under Title VII of the Civil Rights Act because the usage of the “word” sex in the Civil Rights Act has been interpreted to mean ONLY gender and not sexual preference will apply in this case. As Title VII of the Civil Rights Act prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. And, this case comes under the quid pro quo type of sexual harassment.