Sexual Harassment
Case Study
This is envisioned as being presented as slides on an overhead projector.
Each bullet of each slide can go up individually allowing the students
to absorb a little more information and ask questions. In a smaller
and colored font is additional information about the case regarding the
bullet item. It is intended for the instructor to know this information
(not display it) and relay to class as they see fit.
Slide 1:
-
A male, senior manager of a major American company tells a joke to a lower
ranking, female manager.
Jerry MacKenzie worked at Miller
Brewing Company for 19 years from 1974 to 1993.
Patricia Best was woman.
-
The joke has a sexually based punch line regarding female anatomy.
-
The joke was told the previous night on a very popular sitcom of a national
network.
This appeared on an episode of
NBC's Seinfeld comedy on June 17, 1993.
In this episode, Jerry cannot remember
the name of the woman he is dating but his clue is that it rhymes with
a part of the female anatomy. Throughout the episode Jerry and his
pals try various names. At show's end, the girlfriend realizes he
doesn't even know her name and confronts him. He guesses again, is
wrong again, and as she is leaving him he remembers and shouts her name
"Delores" (rhyming with clitoris).
-
The man, while watching the show, was surprised the network censors allowed
the joke.
-
The woman did not get the joke; the man chose not to explain it, but rather
photocopied a dictionary definition of part of anatomy.
One version says MacKenzie pointed
to a dictionary entry. Another quotes him as saying he photocopied
the entry and showed it to her. In another, Best claims he insisted
she read it aloud, she refused, and he continued to insist "Read it! Read
it!"
Slide 2:
-
The woman is offended and 4 (or 5) days later tells her supervisor.
Why did Best wait so many days?
She convinced herself how much it bothered her on the way home that day;
she was getting married the next day; the incident occurred on a Friday.
Why offended by a "funny" joke
on Seinfeld? Best claims MacKenzie had (1) looked at her strangely
when telling it, (2) weeks earlier left a creepy phone message late at
night about how special their work relationship was to him, (3) sometime
earlier told her he had had a dream (of a non-sexual nature) about her.
-
Upon supervisor's request, she asks the man not to do that again; he replies
that he did nothing wrong - it is her problem.
Was MacKenzie too embarrassed to
explain the punch line? Is that a "red flag" of inappropriateness?
When asked by a reporter if he had ever thought that this wasn't such a
good thing to talk about in the office, MacKenzie replied "if you are going
to take that standard and apply it to the executive suite at Miller Brewing
Company, you're going to vacate the whole place." Should other people's
alleged behaviors be a justification?
-
Supervisor files a complaint against the man against the wishes of the
woman.
Was the supervisor following company
procedures?
-
The next day, the man is "involuntarily terminated" for "unacceptable management
performance."
The next day! Are there other
factors? other behaviors? There was one previous sexual harassment
complaint filed against MacKenzie. Miller Brewing Company executive
says MacKenzie was warned on more than one occasion about "this kind of
behavior."
Slide 3:
-
Man sues company and woman for $9 million for being wrongfully terminated.
MacKenzie was unable to find a
job (and is still unemployed).
-
Jury finds in favor of man in amount of $26.6 million ($1.5 million to
be paid by woman).
Jury consisted of 10 women and
2 men.
Verdict reached in July 1997.
-
Some juror comments: "just daily conversation" and "no touching or
anything" and regarding woman's frequent use of profanity (including the
'F' word) "doesn't that open doors for him to talk about anything?"
At least five jurors were heard
on the Dateline NBC show (unsure if their identities were concealed, transcript
does not use names).
-
Jury verdict overturned by Wisconsin appeals court.
Appeal decided in February 2000.
Slide 4: Summary
-
Woman is offended, tells boss, gets sued, fined $1.5 million
-
Man tells sexual joke, gets fired, sues and wins millions, out of work
and no money (pending appeals)
-
Media wildly inconsistent and judgmental in reporting
In at least one report MacKenzie
name is misspelled throughout! Conflicting reports about him pointing
to a dictionary, making a copy, insisting she read it aloud. In most
reports, media refers to the Seinfeld show as racy "but funny." Is
the laugh track how we determine appropriate behavior?
-
How will this affect other people who feel a victim of sexual harassment?
-
While definition of sexual harassment is determined by legal system, don't
we have responsibility to respect and show dignity to our colleagues in
what we say and do?
Page maintained by: kwb@csee.usf.edu