Review this case and notes carefully, then reply by answering the five (5) case questions at the end.
https://casetext.com/case/harris-v-forklift-systems-inc
Note to students
This was only the second time that the Supreme Court had decided a sexual harassment case. Many feminist legal studies scholars feared that the court would raise the bar and make hostile-working-environment claims under Title VII more difficult to win. That did not happen. When the question to be decided is combined with the court’s decision, we get the holding of the case. Here, the question that the court poses, plus its answer, yields a holding that “An employee need not prove severe psychological injury in order to win a Title VII sexual harassment claim.” This holding will be true until such time as the court revisits a similar question and answers it differently. This does happen, but happens rarely.
CASE QUESTIONS
Is this a criminal case or a civil-law case? How can you tell?
Is the court concerned with making a procedural rule here, or is the court making a statement about the substantive law?
Is this a case where the court is interpreting the Constitution, a federal statute, a state statute, or the common law?
In Harris v. Forklift, what if the trial judge does not personally agree that women should have any rights to equal treatment in the workplace? Why shouldn’t that judge dismiss the case even before trial? Or should the judge dismiss the case after giving the female plaintiff her day in court?
What was the employer’s argument in this case? Do you agree or disagree with it? What if those who legislated Title VII gave no thought to the question of seriousness of injury at all?
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