Sexual Harassment Hostile Work Environment: Proving Discrimination
Suppose that a woman applies for a promotion within her company, but it goes to a man. In her current position, she experienced legal sexual harassment in the form of a “hostile work environment” from her colleagues, and management (the same ones who interviewed candidates for the position) did not act to prevent it. Assuming that she is at least as qualified as the man who got the promotion, and a court accepts her claim of “hostile work environment” as true, has she proven discrimination in the promotion decision (i.e. has she shown that any employer claim of a legitimate reason for not promoting her was just pretext)?
Important — if you have sources, please list them. Especially court cases.
This is actually for a business law class paper, not a case I’m actually involved with. (That’s also why I asked for court cases, so I could cite them in the paper.)
