Establish a possible affirmative defense


A male customer of a sports bar has taken a particular liking to one of the waitresses and always asks to be seated at her station so that she will wait on him. He has spoken to the manager of the bar and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it's good money (he does tip her well), and she should be nice to him. If she files suit for sexual harassment using the Supreme Court's test for a hostile work environment what will the court most likely rule? Be specific; tell me what the test is and how the facts will fit the test. Also, what advice would you give to the employer prior to these events to establish a possible affirmative defense to her law suit? Again be specific and cite the Supreme Court cases that established the defense.

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Business Management: Establish a possible affirmative defense
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