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Pat worked for Dr. Dan in his medical office. Pat was the person responsible for filing insurance, taking payments, and making appointments – the administrative person. From the beginning of the employment relationship, Dr. Dan would make suggestive sexual comments to Pat, with varying levels of overt sexual content. He told her that he expected her to wear ‘short skirts and never slacks’ in her job, and that her job was in part to ‘brighten up the office with the beauty of youth.’
Dr. Dan would frequently brush up against Pat as he worked with her on insurance issues, and whenever she was working the copier, he seemed to need to get by her in the close space, moving closely behind her.
This really disturbed Pat, and she told him she didn’t appreciate his attention or behavior, and he laughed and said he was just kidding with her, but continued the behavior. Eventually, she quit her job and filed a complaint of sexual harassment against Dr. Dan.
Which of the following is most correct?
A. Pat cannot recover damages from Dr. Dan’s behavior unless she can prove that he engaged in teasing, offhand comments and isolated incidents against her.
B. Pat cannot recover damages from Dr. Dan’s behavior unless she can prove that it was the proximate cause of her nervous breakdown.
C. Pat can recover damages even if she cannot demonstrate a concrete economic effect such as discharge, denial of a raise or promotion.
D. Any offensive conduct will create liability for the employer, and Dr. Dan has crossed that line.
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