Sexual Harassment Case Closing Argument

Hemsley v. Ross

Robert Ross’s Conduct.

Robert Ross did not have Sexual Harassment policies, despite the fact that…

Government Code Section 12950(b) states:

In addition to employer responsibilities set forth in subdivisions (j) and (k) of Section 12940 and in rules adopted by the department and the commission, every employer shall act to ensure a workplace free of sexual harassment by implementing the following minimum requirements:

Continued…

Each employer shall obtain from the department its information sheet on sexual harassment, which the department shall make available to employers for reproduction and distribution to employees…

Robert Ross did none of this, because, as he puts it…

“I am not Applebee’s” Translation: “I don’t care what we do!”

Harm to Roni Hemsley

Comments about “Cock rings”

Comments about “being on top”

Breast grabbing

Consistent But-Slapping.

Touching of her genitals

Being forced to quit and lose $24,000

The Defense’s Case

First Defense Excuse

Roni did not tell every single person she met that she was sexually assaulted.

Second Defense Excuse

Michelle Patterson, who did not even work at the same time Roni did, did not witness any sexual harassment.

Third Defense Excuse

Robert Ross’s former fiancé’ and ex-partner, his drinking buddies and favorite customers will vouch for him.

Fourth Defense Excuse

Some of Robert Ross’s customer’s will vouch for him.

Fifth Defense Excuse

Roni Hemsley just happened to quit her job… Robert Ross has no idea what happened.

Sixth Defense Excuse

Robert Ross hires cooks that grab the waitress’s genitals because the cook has children.

Seventh Defense Excuse

The crotch grabbing was earlier than we even thought.

Jury Instructions

200

When I tell you that a party must prove something, I mean that the party must persuade you, by the evidence presented in court, that what he or she is trying to prove is more likely to be true than not true. This is sometimes referred to as "the burden of proof.“

After weighing all of the evidence, if you cannot decide whether a party has satisfied the burden of proof, you must conclude that the party did not prove that fact. You should consider all the evidence that applies to that fact, no matter which party produced the evidence.

In criminal trials, the prosecution must prove facts showing that the defendant is guilty beyond a reasonable doubt. But in civil trials, such as this one, the party who is required to prove a fact need only prove that the fact is more likely to be true than not true.

2523

Harassing conduct may include the following:

a. Verbal harassment, such as obscene language, demeaning comments, slurs, or threats; or

Physical harassment, such as unwanted touching, assault, or physical interference with normal work or movement; or

Visual harassment, such as offensive posters, objects, cartoons, or drawings; or

d. Unwanted sexual advances.

2521

Ms. Hemsley claims that she was subjected to sexual harassment in her workplace at Gem City Bar and Grill, causing a hostile or abusive work environment. To establish this claim, Ms. Hemsley must prove all of the following:

1. That Ms. Hemsley was subjected to unwanted harassing conduct because of sex;

2. That the harassing conduct was so severe, widespread, OR persistent that a reasonable woman in her circumstances would have considered the work environment to be hostile or abusive;

3. That Ms. Hemsley considered the work environment to be hostile or abusive;

4. That a supervisor engaged in the conduct;

5. That Ms. Hemsley was harmed; and

6. That the conduct was a substantial factor in causing Ms. Hemsley’s harm.

2524

Harassing conduct does not create a hostile work environment if it is only occasional, isolated, or trivial. In determining whether the work environment was hostile or abusive, you should consider all the circumstances, including the following:

(a) The nature and severity of the conduct; (b) How often, and over what period of time, the conduct occurred; and (c) The circumstances under which the conduct occurred.

2527

Ms. Hemsley claims that Robert Ross or Gem City Bar and Grill failed to prevent sexual harassment and retaliation relating to her reporting of sexual harassment. To establish this claim, Ms. Hemsley must prove all of the following:

1. That Ms. Hemsley was subjected to harassing conduct because of sex or that she was retaliated against because she reported sexual harassment;

2. That Robert Ross or Gem City Bar and Grill failed to take reasonable steps to prevent the harassment or retaliation;

3. That Ms. Hemsley was harmed; and

That Robert Ross or Gem City Bar and Grill’ failure to take reasonable steps to prevent harassment or its failure to take reasonable steps to prevent the retaliation from occurring was a substantial factor in causing Ms. Hemsley’s harm.

Verdict Form

We answer the questions submitted to us as follows:

1.Was Roni Hemsley an employee of Robert Ross or Gem City Grill?

Yes____ No____

If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

Verdict Form

2. Was Roni Hemsley subjected to unwanted sexually harassing conduct?

Yes____ No____

If your answer to question 2 is no, then answer question 3. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.

Verdict Form

3. Was the harassment severe or pervasive?

Yes____ No____

Verdict Form

4. Would a reasonable woman in Ms. Hemsley’s position have considered the work environment to be hostile of abusive?

Yes____ No____

Verdict Form

5. Did Ms. Hemsley consider the work environment to be hostile of abusive?

Yes____ No____

If your answer to question 5 is yes, then answer question 6. If you answered no, skip question 6 and answer question 7.

Verdict Form

6. Did Robert Ross and/or Gem Grill know or should they have known of the harassing conduct and fail to prevent it?

Yes____ No____

Verdict Form

7. Did Robert Ross and/or Gem Grill know or should they have known of the harassing conduct and fail to prevent it?

Yes____ No____

If your answer to question 7 is Yes, then answer question 8. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.

Verdict Form