Mr. MacDougal, a supervisor, with the Northern Maine Vocational Technical Institute claimed that between September 1985 and September 1986 he repeatedly received in the mail sexually suggestive items (ladies underwear, etc,). All of the poems, letters, and cards were all singed "Love Charlene". It was common knowledge that several of the lady teachers were playing practical jokes on Mr. MacDougal. If fact, he overheard them on several occasions as he passed calling "hey sweet cakes."
MacDougal's attorney stated at the trial that Mr. MacDougal had become emotionally upset because of this and due to the severe psychological stress it had caused he was force to seek psychological counseling. In addition, he had been out of work for six weeks due to these emotional problems. Mr. MacDougal let it be known that he found these incidences "upsetting," however, they had failed to stop. Subsequently, Mr. MacDougal had reported the continuing problem to his failed to stop. Subsequently, Mr. MacDougal had reported the continuing problem to his Department Head but was told not to worry about the ladies "having a little harmless fun." As a result Mr. MacDougal felt he had no alternatives left and filed suit some 30 days later.
The three teachers named in the suit defended their actions on the basis that there had been a history of good-humored practical jokes played by the faculty members at the school, that MacDougal had sometimes himself participated, and that they had meant him no harm. Besides the lady teachers alleged that Mr. MacDougal had encouraged such activity by taking one of the ladies out to dinner on several occasions, and he always wore his shirt open (no tie) so that his hairy chest was always exposed at work. Mr. MacDougal is asking the court to award him $1.6 million dollars. What law or laws (or legal theories) may Mr. MacDougal file under. Which law should he file suit under. Can he win his $1.6 million dollar? Decide the case and defend yout answers based on the concepts, legal principles, and EEOC guidelines we have discussed in class and include any pertinent facts that let you to decide the case one way or another. Any actions the employer should take or not take to avoid this sort of thing in the future?
What are the types of harassment? Define each. Which one may be applicable to this situation?