- 4 Marks
BCL – May 2020 – L2 – Q3b – Employment Law
Discuss the stakeholders in a sexual harassment case and the impact of employees' prior knowledge on their right to claim.
Question
‘Las Panas’ is a successful chain of restaurants and bars that features female waitresses in white spaghetti tops and very short red skirts. Five former waitresses filed a class action lawsuit, alleging that the atmosphere ‘Las Panas’ created in its restaurants allowed them to be sexually harassed by customers, cooks, and managers. Ama Smith, one of the waitresses, noted on a radio super morning show program that the ‘Las Panas’ mandatory uniforms caused them to be sexually harassed. Meanwhile, ‘Las Panas’ continues to enjoy great success, and it recently received an award as the Best Marketing Company.
Required:
i) Identify the key stakeholders in this case.
(2 marks)
ii) Supposing the women knew of the problems when they agreed to work at ‘Las Panas’, what bearing should such knowledge have on their right to the alleged harassment?
(2 marks)
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