Legal Juice
Ms. Kirkland works at Morton’s of Chicago as the catering manager, where her boss is Mr. Hickey, the restaurant manager. According to the court, there is no genuine dispute as to the following (in other words, “it’s true”):
that Hickey told Kirkland that she “needed to get laid”; that Hickey told Kirkland to “blow me”; that Hickey asked Kirkland out on a date, which she rejected, the most benign of Hickey’s acts; that Hickey called Kirkland a “fat pig”; that he placed his hand inside of Kirkland’s blouse; that he asked Kirkland about the color of her bra and whether it matched her panties; that he pulled up Kirkland’s dress; that he pulled his pants down and exposed his buttocks to Kirkland; that he put his hand all the way up Kirkland’s dress; and that he waved a vibrator at Kirkland and other women.
Quite the charmer. The test for whether he created a “hostile work environment is
whether a reasonable woman would find that Hickey’s conduct was sufficiently severe or pervasive to alter the conditions of employment and create an abusive work environment.
What do you think? Is Hickey a sexual harasser?
Oh you better have said “yes,” because this is not even a close call. The case is Kirkland v. Morton’s of Chicago, The Steak House (N.D. Cal 1997).