Elements of Action
The factors of this case begin with the main issue, Plaintiff John Silverstein claims that the defendant and coworker Meredith Shaw placed and in an appropriate screensaver on his PC that caused him to lose a promotion that he potentially was considered for. The premise is that before the choice of who would get the promotion. A supervisor stopped to speak with the plaintiff and witnessed this and thus felt that he would not be a good choice for the promotion.
Defense and Argument
The defendant claims that she and the plaintiff have had an ongoing friendship for going on four years now and over the last months they have built a close relationship and considered him someone who she could speak and act freely. The defendant admits to the screensaver but denies that it was put there to cause any ill feeling or to discredit his chances in being promoted.
The defendant feels that the reason for the plaintiff not getting the promotion is that he doesn't have leadership qualities needed and that people would not give him the consideration his title gave him the authority to demand.
The office space consisted of small cubicles the defendant, plaintiff, and a few other coworkers have become friends who can joke, prank and feel comfortable around one another. The others who are men have sent what one may find offensive jokes, and yet the plaintiff didn't feel the need to react as he has in this situation.
The defendant thinks that he needs a scapegoat in this situation and since she sent the screensaver he used it as the reason for not gaining the promotion instead of accepting that there may have been a better candidate.
Verdict of Judge
The judge has to take evidence as well as the statements into consideration for this case to determine if there is a cause to find sexual harassment in the workplace being committed. The company has policy and regulations set into place that clearly define the steps to take if anyone feels...