Blossom Case Review

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two substantially equal jobs, if he can prove that his discrimination was based on any reasonable factor other than sex

Sexual harassment- Hostile environment harassment occurs when an employee is subjected to unwelcome, sex- related behavior that creates an abusive working environment.

Employer liability for sexual harassment committed by its employees- An employer will be liable for harassment by a co-worker of the victim only when the employer knew or should have known about the harassment.

Constructive discharge- the voluntary termination of employment by an employee because of a situation created by an act or omission of the employer which an objective, reasonable person would find so intolerable that voluntary termination is the only reasonable alternative.

Arguments:

* There are two possible arguments that Miller could make regarding pay discrimination. Miller can argue for pay discrimination between her and the landscaping crew or between her and Sato. Blossom ...

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not if who gets hired, it is about pay discrimination. Miller can argue that the advertisement for her job didn't indicate that any additional qualifications were required. The advertisement also didn't mention that the starting wages would vary based upon the prior experience or knowledge in this field.

Sato was a graduate from MSU with a degree in botany and was an expert in flowers and plants because of his degree. He also knew the Japanese style of flower arrangements which was becoming popular in Rose's customers. Blossom can defend herself on the basis of "any factor other than age" which was Sato's additional knowledge about flowers. Blossom paid Sato more because not because ...

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