4563 Kensington Avenue Montreal Canada H4B 2W6 (514) 485 – 6789 email jasher@videotron.ca
'Harassment' Dilemmas
by Jeffery Asher
Humanities teacher
The purpose of this exercise is to encourage students to examine the current sex-biased definitions of 'harassment,' sexual or otherwise. Do current social values and laws treat men and women equally? In each case, ask about the intentions of the boss and employee: passive or helpful or harmful? What encouragement or demands are made by each boss from the employee? What might be the least or worst consequences for each employee that might follow from each of the answers?
These cases will be examined in one class, for about a half hour. Students should write a 50 word evaluation for each case. So that students may freely express their opinions, these discussions are not intended for course marks. If students choose to offer their analyses of the cases for evaluation, the marks will be entered as part of the course average only if they raise the student's course average.
Permission to reproduce is hereby granted, on the condition that this package is kept unchanged and intact, and credit is given to the author. The cases described in this package are all hypothetical.
July 27, 2000
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Dilemma One: Politics
"Jane, as your superior, I have been closely following your career closely with Laurier, King and Pearson. You performance in your first five years as a researcher and pleading cases in court has been impressive. We expect that you might earn a promotion to partner before the minimum of 15 years.
You must have realized when you were hired that this is a Liberal law partnership. Our partners include a former Solicitor General, and three former Ministers of Justice. We regularly represent the Party, MPs and senators in many cases, and we have been summoned frequently to work on national commissions. The Liberal Party rewards our loyalty. Who knows what lies in the future for any of us? ... an appointment as counsel to a national commission? ... advisor to a minister? ... a judgeship? ... and maybe for you, the first elected woman Liberal Prime Minister?
The reason I called you into my office is to offer you an important invitation. On Saturday the 5th, the Liberal Party will host a supper at the Ritz Hotel, and the featured speaker will be the Minister of Justice. You can certainty afford the $350. a plate donation. Sharing our table will be Senator Pat Ronage, and Jimmy Brass, CEO of Brass Screw and Bolt. A brilliant and attractive young lady like you will enlighten our table. After supper, I might introduce you to the Minister. Think of a few incisive questions to ask. Will you join us?"
What consequences might follow from each answer to affect the career of Mtre. Jane Sharp? Which answer would you recommend?
a. Thank you, sir. But as a young lawyer starting my career, I must protect my reputation as an impartial and competent counsel. I would not want anyone to think that my career success rested on political influence. I want my colleagues and the profession to know that I have earned my promotions as a result of skill and hard work. I want to prove my worth to Laurier, King, and Pearson. I might welcome your invitation another time. Thank you again, sir.
b. I come from a proud socialist family. I chose a career as a lawyer to fight against the political elite and corporate bourgeoisie who will use that supper to further exploit the working classes. Furthermore, I find your "attractive and young" remarks sexist and condescending. Please keep your enticements and condescension to yourself, Sir.
c. Thank you, sir. My father owns a small machine shop and he always regarded James Brass as a role model. I would be honoured to sit at a table with such distinguished Canadians, including of course yourself, Sir. Should I leave my cheque with your secretary?
d. other answer: ...
Two months later, Pierre Laurier stops at the desk of Jane Sharp. "Jane, as you know, the riding of Trois Bazous is open for a by-election. We intend to win it for the Liberal candidate, Lucie Parachutiste. The position of assistant campaign manager is open, and we know you can rise to the challenge. The job will only pay a token $5000. For a month, and release time would be available from your work here. This is an important opportunity to make yourself known to the Party. The job is yours if you want it."
Which answer would you recommend? Repeat: a to e, above.
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Dilemma Two: Religion
"Jane, over the past few months I have noticed that you seem to come to work here on Mondays unsettled and disturbed. I am the father of five children who are now around your age, and my wife and I know the pressures that can assail a young single woman like yourself. We take pride in ourselves as a law firm guided by Christian principles. We explained that to you when you were hired. I bought a copy of our family Bible for you, and I took the liberty to mark some passages, which helped our children through difficult times. Please do not hesitate to seek my counsel about any lesson which you find helpful for your situation."
What consequences might follow from each answer to affect the career of Mtre. Jane Sharp? Which answer would you recommend?
a. Thank you, sir. But my family and I always looked upon religious counsel as a private matter. May I accept your gift in that spirit, and continue to search for my own moral path in life?
b. I come from a proud socialist and atheist family. I chose a career as a lawyer to fight against the religious opiate which deludes and further exploits the working classes. Furthermore, I find your "young woman" remark sexist and condescending. Please keep your superstition and harassment to yourself, sir.
c. Thank you, sir. I am grateful to find that Xavier and Aquinas exemplifies its commitment to the word of God. I will offer a prayer of gratitude tonight for your kindness.
d. other answer: ...
Two months later, Peter Meek stops at the desk of Jane Sharp: "Jane, my congregation will offer a series of six lectures for young professionals and their moral dilemmas. It is called: "A Cross to Bear or A Halo of Support?" I will offer the introductory address. I know our Minister would be pleased to welcome you. You will have the opportunity to meet many professionals like yourself, including some fine young men. Are you interested?"
Which answer would you recommend? Repeat: a to e, above.
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Dilemma Three: Money
"Jane, as your superior here I called you into my office to tell you I am pleased with the cases you won for our clients. I trust you are pleased with the substantial bonuses you have earned. As you might suspect from the Rolls, BMWs and country estates the senior partners enjoy, we consider our salaries here the icing on the cake of the far more sizable incomes we earn from our investments. Indeed, we measure the skill and suitability for promotion of a junior lawyer like yourself by her success in creating her own wealth.
We senior partners of Morgan, Midas, and Ransom are members of a select investment club, which meets once a month for supper with the best financial advisors in the country. They find their advice from very reliable sources whose advice is rarely wrong. Do you understand what I mean? (wink) The entry fee is $10,000., which I assure you is far below what you will earn in the first few months. I would be pleased to offer you provisional membership for only $5,000. - which you can afford - and you could pay the remainder from your first two quarters' earnings. As the years pass you will discover that 'diamonds are a girl's best friend.' You have my invitation to join us next Friday at the Ritz Hotel executive suite at 8:00PM. The dress is 'black tie'.
What consequences might follow from each answer to affect the career of Mtre. Jane Sharp? Which answer would you recommend?
a. Thank you, sir. However, I take pride in my accomplishments as a lawyer here, and as you know, my work load is often exhausting. My financial responsibilities are extensive, and I fear adding to my pressures by investing more than all of my liquid assets. Perhaps after I have earned the confidence of my superiors as a competent trial lawyer, I might be in a position to reconsider your offer.
b. I come from a proud socialist family. I chose a career as a contract lawyer to eventually fight against the insatiable greed of market manipulators who exploit the working classes. Furthermore, I find your "girl" remark sexist and condescending. A woman with a clear conscience does not need diamonds. Please keep your avarice and harassment to yourself, Sir.
c. Thank you, sir. I entered law for personal success, and I can think of no better way to make my mark on the word than by starting to amass wealth. I would be eager to join the club even if I have to borrow the fee. Where should I send the cashier's cheque?
d. other answer: ...
One month later, Donald Corleone stops again at Jane's desk: "Jane, I have a bit of advice for you. If you could find or borrow $10,000 or more, put every penny into Brass Screw and Bolt before Monday. You won't regret it."
Which answer would you recommend? Repeat: a to e, above.
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Dilemma Four: Sex
"David, as your superior, I was very pleased with your win in our case today in court against Goliath International. Of course your precedents and summary to the judge were excellent. I was also impressed with the elegantly tailored suit you wore today. I noticed that Judge Jane Sharp stared longingly at your gray eyes, broad shoulders and muscular build. I can sympathize with her, because she is recently divorced, like me. Congratulations, you know how to 'dress for success.' Keep it up. You masculine confidence enriches the atmosphere in our office."
What consequences might follow from each answer to affect David Canan's career? Which answer would you recommend?
a. Thank you. However, I take pride in my accomplishments as a lawyer, and I would like to think that my research and preparation as a lawyer won the case for Thatcher, Cambell and Rodham. Honestly, your comments about my appearance make me feel uncomfortable. Let's concentrate on business, please.
b. Well, I'm surprised that a woman of your age is still aware of what men look like. But I doubt that any man could have ever been interested in that repulsive old witch of a judge. Thanks anyhow.
c. I like being appreciated as a man. So few women are secure enough to make such a comment. Thank you Ms. Borden, or may I call you Elizabeth?
d. other answer: ...
A month later, Elizabeth Borden again stops at the desk of David Canan: "David, you look to me like a man who builds his body at a gym. I'm a member of Power International Workout. We often invite friends for a tour of the facilities. Would you like to join me Saturday morning at 8:30?"
What consequences might follow from each answer to affect the career of David Canan? Which answer would you recommend?
a. Thanks. Could I bring my fiancé? She's the exercise trainer for the Starpower International model agency.
b. Great! Could I bring my latest squeeze? Actually, she's Pamela, your sexy secretary. We've been a hot item for a few months now. Wait until you see her abs' and buns!
c. Sure. I'm game. Maybe we could plan for some relaxation after our workout?
d. other answer: ...
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Dilemma Five: Profit
"Gentlemen and (ahem) Lady. I'm your new sales manager, Vladimir Attilla. Your sales and profits have been rising, but not fast enough. I've been hired by Avarice Investments to generate more profit, the first $1,000,000. quarter dividend, and over $5,000,000. for the CEO. Starting this month, we begin our first sales competition. The winner - Numero Uno - will get a red BMW. The second place sales prize is a pen and pencil set. The fourth and fifth prizes are: 'you're fired.' Let's get to work."
What consequences might follow from each answer to affect the career of a member of the sales staff? Which answer would you recommend?
a. Over eighteen years, I earned over $350,000 a year for Avarice. Jimmy, the first CEO, hired me away from my job as sales manager with the Transnational Bank. Jimmy promised me a job as long as I earned at least 5% of the total profit. I earn more than that every year. You need me!
b. Every dollar I am paid I earn on commission. I don't cost Avarice one cent. My work provides 100% profit. I have a wife and a family to support. I'm too old to find another job. After 21 years, you can't dump me in the street!
c. My ex-husband doesn't pay me enough money for what I decide my children need. I'm the only woman here. You're talking sex discrimination. I'll sue you and that greedy CEO out of a job, and this company into bankruptcy. Save yourself the 'competition,' and fire two of the men.
d. Yes, Mr. Attilla.
e. other answer ...
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Dilemma Six: Love?
Albert: "Where have you been all week? Suzy, I have been charged by the women's center with sexual exploitation of a student, you! They claim that someone saw you leave my place at seven o'clock in the morning, and she saw me kiss you at the door. You have to deny it all, or I will lose my job as a professor, and my career will be destroyed!"
Suzanne: "Um, yes. They called me in for the investigation a week ago, and I was going to tell you. They recorded all my answers. I cried a lot. They gave me a week to get my marks registered so I could enter the law faculty at U. Berkeley. I do want to thank you for your great letter of recommendation, and the letters from your friends, and the help you gave me with my courses, and um, everything else. But I really can't help with your investigation, since I'm leaving for San Francisco tomorrow. I wrote a note for your e-mail.
Albert: "You said we would stay together forever. My job is my life. I have kids to support."
Suzanne: "Honestly, for the past year, I wanted to, but it's time for me to get on with my life. The Womyns' Sexual Assault Crisis Center staff say that no um, relationship between a prof. and a student can be consensual, because you're a man, in a position of power, and I'm um, a woman, um, student, and you exploited me. That's the law.
I sort of got the message from them that if I say I was not coerced by you, they will warn the womyns' groups at Berkeley, and they will make life there hell for me. Also, WSACC might get the university to put a warning on my file, even though that has never been done yet.
And it wasn't all fun for me, either. I had to listen to all those arguments you had with your wife, I mean ex-wife; and your kids still don't like me. And you know I was panicky that I might be pregnant, twice . You should have been much more careful, about everything.
Albert: "I love you. You said you loved me, many times. We made plans for our future together."
Suzanne: "Well, I meant all that when I said it. But you're sixteen years older than me. We like different kinds of music. How could I introduce you to my parents? Some of my friends will think you're my father, or something. In the past year, I've grown a lot. You know you'll get over it. Thanks for everything, really. Omigod, my room-mate is coming, I gotta go. 'Bye." click.
What options might Professor Albert Onestein choose for his future?:
1. At the hearing before the Sex Abuse Investigation Committee:
Inform them that his private life is none of their business, refuse to testify, and walk out.
Inform them that Suzy and he are mature adults, and are free to make their own choices about their lives. Also, point out that four members of the SAIC are married to ex-students. Except for Liz Borden, who enjoys the affection of many of her female students, just like many other staff and students in the WSACC. Since when was consensual sex illegal?
Confess that he is guilty of patriarchial sexism. Promise never to do it again. Offer to leave the university for a year without pay, and then return to continue his career. (Maybe he could join Suzy at U. Berkeley.)
Announce that he will leave P.C. University, immediately, and begin his search for non-teaching jobs.
Other option: .............
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2865 words