Law, Business, and Society 9th Edition by Tony McAdams

Exercise 19

A female employed as an Installation and Repairs Technician claimed a hostile work environment was created in the garage in which she worked by the routine use of profanity, crude humor, vulgar graffiti depicting sexual acts, and especially by sexually demeaning conversations conveying a profound disrespect for women. While the comments and graffiti demeaned some male employees, the conduct was directed at all the women working in the garage.
a. In deciding whether the conduct constituted hostile environment sexual harassment, should the court evaluate the facts from the point of view of a "reasonable person" or a "reasonable woman" Explain.
b. Why does it matter See Petrosino v. Bell Atlantic , 385 F. 3d 210 (2d Cir. 2004); see also Ellison v. Brady, 924 F. 2d 872 (9th Cir. 1991).