Question

After reading the case of Harris v. Forklift in the textbook this week please answer the following:

a. What if the trial judge does not personally agree that women should have any rights to equal treatment in the workplace?

b. Is this a case where the court is interpreting the Constitution, a federal statute, a state statute, or the common law? Explain your reasoning.

c. What was the employer’s argument in this case?

case https://saylordotorg.github.io/text_foundations-of-business-law-and-the-legal-environment/s04-06-a-sample-case.html

Answer 1

a) If the judge doesnot personally agree that women should have any rights ro equal treatment in the workplace, then it does not matter. The court is a place where the judge is supposed to give a judgement based on the existing law and not give his personal opinion.

b) In this case, the court is interpreting a federal statute. This is because the case states that it is a statute and it has been given by Congress.

c) The employer in the given case argues that the federal statute does not state anything specifically about sexual harassment. Moreover, the behvior of Hardy does not make the workplace unfit for working and does not affect Harris psychologically such that she is 'injured'.