Case Study:
McLean v. Satellite Technology Services, Inc. 673 F. Supp. 1458 (E.D. Mo. 1987)
An assistant salesperson contends she was wrongfully terminated after she spurned romantic advances by her supervisor. The court found no sexual harassment because it held that the supervisor’s actions, if they occurred, were not unwelcome.
Gunn, J.
McLean alleges she was at a business seminar meeting in Florida with Manning, who was making a presentation. McLean was to observe so she would ultimately be able to conduct a seminar. After one day’s work, McLean, Manning, and another Satellite employee had dinner and went to the hotel’s hot tub. Manning suggested to McLean that she should review his presentation, so he went to her hotel room. McLean claims that while they were in the room, with her dressed in a swimsuit and towel, and Manning in shorts and a shirt, they sat on the couch together and while Manning talked about his presentation, he put his arm around her back, touched her leg, and made an effort to kiss her once. McLean testified the effort was easily rebuffed and Manning then left the room. Manning denies making any advances to McLean. Following the trip McLean alleges Manning was cool to her. She attributes this and her subsequent dismissal to her rebuff of his advances. The court finds that there was [sic] a multitude of legitimate business reasons for terminating McLean and that her discharge was not based upon sexual harassment. It is undisputed that McLean was anything but demure, that she possessed a lusty libido and was no paragon of virtue. From the beginning of her short term of employment with Satellite in November of 1985, to its end in February 1986, she displayed a remarkable lust for those of the opposite sex. She displayed her body through semi-nude photos or by lifting her skirt to show her supervisor an absence of undergarments. Also, during work hours, she made offers of sexual gratification or highly salacious comments to employees, customers and competitors alike, though warned by Manning not to do so. There was uncontroverted evidence of acceptance of her offers. Though specifically ordered by her supervisor, Manning, to refrain from an obviously flirtatious telephone relationship with an employee of a customer, McLean flouted the order and carried on the dalliance. It was McLean’s activities at a trade show in Las Vegas, Nevada, on February 22–23, 1986 that finally led to McLean’s discharge. At the trade show, McLean missed meetings she was expected to attend, was not at her job station a large percentage of the time and continued her libidinous behavior, acknowledging she was “intimate” with an employee of a customer at least two or three times, entertaining him in her hotel room during the period of the trade show. This was despite orders from her supervisor to abstain from promiscuity with customers or dealers. On her return from Las Vegas, McLean was summarily discharged from her employment by the president of Satellite. His basis was McLean’s performance at the Las Vegas trade show as related by Satellite’s chief operating officer who was there and observed McLean’s actions. Specifically, she was dismissed for missing work and meetings in Las Vegas. The court specifically finds that there was no sexual harassment of McLean by her supervisor. From McLean’s character, it is apparent that she would have welcomed rather than rejected Manning’s advance, if he did indeed do so. But the court finds that Manning made no sexual advance. McLean was not subjected to any unwelcome sexual harassment. Indeed, it is McLean who bears the responsibility for whatever sexually suggestive conduct is involved in this case. Satellite has stated nonpretextual, legitimate and absolutely nondiscriminatory reasons for its discharge of McLean. She was insubordinate, and displayed total disrespect for her supervisor, which would serve as a legitimate basis for termination. It is also abundantly clear that McLean was terminated because of her poor work performance, attitudes, and habits, e.g., excessively long lunch hours, personal phone calls, entertaining nonbusiness visitors during working hours, and being inattentive to her work, particularly at the Las Vegas trade show. As such, her termination was proper. JUDGMENT FOR DEFENDANT, COSTS TO BE PAID BY PLAINTIFF.
Q1. Do you agree with the court’s assessment of the evidence? Why or why not?
Q2. If you were McLean’s supervisor and she exhibited the behavior alleged, what could you have done?
Q3. Do you think the court would have held the same way if McLean had been a male? Explain. Do you think a male employee would have been ordered by his supervisor to “abstain from promiscuity with customers”? Would it be gender discrimination to give such orders to employees of one gender and not the other? Explain.
Your answer must be typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format.