Employment Law GB541 Course materials

Feb 3rd, 2012
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Unit 3 case study

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Rabidue v. Osceola Refining Co.NameDateCourse CollegeInstructor Rabidue v. Osceola Refining Co.The notion of sexual harassment being unacceptable in the workplace has emerged along with the general women's rights movement. Since women were now considered equal and productive members of society, it was clear that they should be able to work at their jobs without unfair harassment based on their sex. The notion became much more complicated when it was brought to the courts and had to be interpreted by the male-dominated courts. While courts have made many positive decisions in recent decades regarding sexual harassment, the decision in Rabidue v. Osceola Refining Co. was problematic and the dissent presented a more effective way of determining whether or not sexual harassment had occurred. This case revolved around a concept known as the "reasonable person" standard. It determined that in order to show that harassment had occurred to the level of a tort, a reasonable person must have believed that the behavior in question had affected an employee's psychological well-being and prevented them from adequately doing their jobs. This standard had been established in the years prior to Rabidue and it seemed like an effective standard to control the most obvious incidents of harassment. (Weizer) As long as the plaintiff could meet this standard and show that the conduct was actively detrimental to employees doing their jobs, they would usually be able

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