Harold was the newest employee at the construction site, and the other men working there immediately noticed his timid behavior and what they took to be less-than-manly appearance. The other men threatened Harold with statements like "You look so good, we could date!", and "Wait till we get you into the tool shed for the ultimate initiation!" Harold complained to his boss about this, but the boss said that it was just the hazing of a new employee and it would blow over soon if Harold didn't make a big deal about it. Eventually, Harold became so distraught that he quit, and sued the company for constructive discharge because the company didn't protect him from Sexual Harassment.
The company argued that whatever Harold experienced, it was from other guys who were not in the least interested in Harold as a sexual object, and that one man can't sexually harass another man, unless one of them is gay. Which of the following is most correct?
a) Assuming that the court and jury (if there is one) believes that the facts are sufficiently compelling to constitute harassment, Harold will win his sexual harassment suit.The fact that his harassers are the same sex is not an issue.
b) Assuming that the court and jury (if there is one) believes that the facts are sufficiently compelling to constitute harassment, Harold will win his sexual harassment suit only if he can prove that there is an underlying sexual interest on the part of at least one of the harrassers.
c) Assuming that the court and jury (if there is one) believes that the facts are sufficiently compelling to constitute harassment, Harold will not win his sexual harassment suit because the record in this situation does not indicate that anything physical actually happened to Harold.
d) Assuming that the court and jury (if there is one) believes that the facts are sufficiently compelling to constitute harassment, Harold nevertheless will not win his sexual harassment suit because his harassers are the same sex as Harold.