Case Brief: Hardage vs. CBS
1. Relevant facts of the case
Hardage, a local sales manager at CBS Broadcasting was being sexually harassed by his supervisor, Spark, but he did not complain for the sexual harassment behavior of Spark for almost five months (Walsh 286). He also failed to provide adequate details of alleged harassment and restricted CBS to investigate the matter. Dean who was the general sales manager had sent an negative performance memoranda to Hardage and his colleague and a few days after, he resigned (Allan 27). Hardage claimed that he was constructively discharged because of hostile work environment. US Supreme Court put liability on CBS to assert affirmative defense (Walsh 286). The company can successfully assert affirmative action in this case.
2. The legal issue to be decided
The issue is about the sexual harassment of an employee by his supervisor. The US employment law under Title VII is associated with the case as it allows employers to avoid harassment liability that does not involve adverse employment action such as termination (James and Bridget).
3. The holding in the case
The US Supreme Court decided that CBS must use affirmative defense in this case. The court affirmed the dismissal of plaintiff and acceptance claims under Title VII. The court ruled in the favor of employer.
4. The reasoning behind the court’s decision
The decision of the court was based on the US employment law of Title VII which allows employers to avoid sexual harassment liability if the employee fails to take benefit of employer’s preventive measures. Hardage was familiar with the anti-discrimination policy of CBS, still he did not involve the company in the matter. While making decision that CBS could avoid liability, the court relied on the fact that Hardage was unsuccessful in establishing a factual disagreement with regard to affirmative defense (Jacksonlewis.com).
Allan, H. Weitzman. Employer Defenses to...