QUESTION
ACCT 305 Paper 3Ben Kerrigan and Allison LaCroix have worked together for five years. Although he haskept it to himself, Ben adores Allison, hanging on every word she says and watchingevery move she makes. Ben feels considerable guilt for his amorous emotions, since hehas been married to his wife Jeannie for seven years, and since Allison is also married.From Allisonâs perspective, her association with Ben is purely professional, although shedoes consider him a dear friend, enjoying his sense of humor, sharing with him many ofher daily experiences, and consoling in him when life is unkind.On Friday morning, Ben asks Allison to join him for a quick lunch, stating âYou drive,and Iâll buy.â They choose a local delicatessen, and are seated at a âtable for two.âAware that life is short, and weakened by five years of keeping a torturous secret, Benconfesses all to Allison over turkey subs and tomato soup. Ben proclaims, âAllison, I amtired of living a lie. You are not just the woman of my dreams, you are real, and I wantyou for my own. I worship you, and I want to share my life with you. You are the mostbeautiful and intelligent woman I have ever met, and I am willing to leave Jeannie foryou. I hate to hurt your husband, but I love you more than he does. As far as work goes,we can try our best to keep it a secret; if not, I am willing to find another job. Tell mehow you feel, Allison.âAt first, Allison is speechless; her face then reddens, and she finds the words: âBen, Ithought you were my friend, but instead, you are a lustful stalker. I feel violated. Forcrying out loud, Ben, we are both married. Donât you understand the true meaning ofâfamily values?â Allison immediately rushes from the restaurant, leaving Ben to find acab, and Ben wonders if he has said too much.The following Monday, Ben is called into the office of his supervisor, Alex Friedman.Friedman informs Ben that much to his regret, Allison has filed a sexual harassmentclaim against him, and that although she would like to resolve the matter internally, shewill file a claim with the Equal Employment Opportunity Commission if the incident isnot addressed satisfactorily. Friedman has scheduled an internal hearing in two weeks.The supervisor states that if Allisonâs claim holds, Ben will be terminated in light of thecompanyâs âzero-toleranceâ anti-sexual harassment policy.Do Benâs statements constitute sexual harassment? Explain. Thoroughly. And then(regardless of how you answered the first part), discuss the liability of Benâsemployer for sexual harassment in this situation. Does your answer change if Ben isAllisonâs supervisor? Explain.
ANSWER:
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