Wuensch, K. L., & Moore, C. H. (2004).Effects of physical attractiveness on evaluations of a male employee’s allegation of sexual harassment by his female employer. Journal of Social Psychology, 144, 207-217.
Instructions
The following information constitutes a summary of a civil court trial in which a male brought suit against an employer for sexual harassment. Please read the material carefully and then complete the data sheet. Please respond with your own opinion and ideas. Thank you for your careful attention.
CASE BACKGROUND
Mr. David Radford sought legal counsel in regards to a series of alleged sexual harassment incidents. He told his lawyer that he had been employed at a large apartment complex as an assistant manager for the past three years. During that time his employer, Ms. Betty Woods, had become increasingly more forward with him to the point that she had begun to fondle his buttocks. Mr. Radford's lawyer filed a civil suit against Ms. Woods, claiming undue sexual harassment. Ms. Woods obtained counsel and adamantly refused to discuss any form of out of court settlement, claiming she was a victim of the man's imagination and that she had never behaved in an inappropriate manner with him.
Summary of Court Testimony
Mr. Radford
The following is a summary of Mr. Radford's court testimony. He was a single male who grew up in a rural area. He attended a county high school and graduated with average grades. He moved to the present city so that he could find employment that would permit him to enter night school. His older brother had followed the same course of action and was now a school teacher. Mr. Radford had dated during high school and had gone steady most of his junior year. He had dated two young women since he had moved away from home but was not into a serious relationship. He had been employed in his present position for the past three years.
Mr. Radford related that when he first started work, Ms. Woods had insisted on using his first name. In a short time, she frequently addressed him as "honey" and "sugar," and within several months began to make comments about his clothing. For example, she would make comments about the tightness of his pants or the fit of a shirt, or the shortness of her dress. At times, Mr. Radford alleged, she would stare at his crotch and then begin to make remarks about the size of his "package."
After about eighteen months of employment, Mr. Radford began to be concerned about the frequency of "chance" physical contacts in the office. Since the office was small, and his duties varied, and since Ms. Woods was not always at her desk, he could understand occasionally bumping into each other; however, he began to suspect that some of the contacts were on purpose. At this time he complained to Ms. Woods and confronted her with his suspicions. She denied any wrong doings and suggested that Mr. Radford was imagining things. Physical contacts decreased for a while but soon returned to the previous level. Mr. Radford investigated other positions at this time, but was unable to find other employment that would permit him to remain in night school.
Approximately one year ago, Mr. Radford reported that all of the unwanted attention had increased. Ms. Woods began to purposely touch or caress his body. She began to make pointed remarks about his physique in very graphic terms. He again told her of his dislike for these behaviors and asked her to stop. Ms. Woods suggested that he liked her attention; otherwise, he would leave her employment.
Six months before the formal complaint, Ms. Woods allegedly began to attempt to put her hand under Mr. Radford’s clothing. He also reported that she would attempt to chase him around the office and kiss him. She repeatedly attempted to fondle his buttocks and genitals. Risqué remarks escalated to the point that she began to describe sexual activities that she wished to perform with him. At this point, Mr. Radford felt that the situation was out of control and that he needed help. He discussed the situation with a friend who suggested legal counsel.
Mr. Radford indicated that the mental strain over the past three years had been unbearable. He had felt depressed, had difficulty sleeping and eating, and would sometimes find himself crying for no apparent reason. He reported dreams that were frightening but denied full blown nightmares. He complained of frequent tiredness, and after consulting a family physician, was placed on an antidepressant drug. This physician had encouraged him to get into psychotherapy, but he had not yet decided to follow his advice.
Ms. Woods
The following is a summary of Ms. Wood's court testimony. Ms. Woods indicated that she was a life long resident of the city, was married, and had two children who attended local schools. She stated that she had attended and graduated from city schools. Her family could not afford to send her to college, so she entered the work force after high school graduation. After much hard work, she eventually got a real estate license and, after a few years, earned enough money to make a down payment on her apartment complex. Although she still sells real estate, the majority of her time and efforts is spent, and most of her income is derived from, activities associated with the apartment complex. She stated that she attended church regularly, was an active member of a civic club, and portrayed herself as a family woman who spent much of her free time with her husband and family.
Ms. Woods steadfastly denied all accusations of the plaintiff, Mr. Radford. She stated that she had never touched him in a sexual manner, had never been rude or risqué, and had never been suggestive or provocative in any way. She was very surprised when the suit was filed against her as she could not remember a single incident of inappropriateness. She stated that she had always thought of herself as a friend of Mr. Radford, that she had a genuine concern for his safety and well being and that she would never do anything to harm him. Ms. Woods maintained that she had frequently given Mr. Radford advice concerning business matters such as the purchase of insurance and had helped him receive financing for his car.
Ms. Woods had stated that Mr. Radford was initially employed because she admired him for his drive to secure an education and that she thought he would be a good worker who would learn to eventually manage the complex so that she would have more time to devote to other business interests. She praised him for his work related activities and maintained that he had been an excellent employee until the present matter. She indicated that even in the face of the present accusations, she was willing to recommend him for other employment, or if he so desired, was willing to keep him in her employment.
Summary of Character Witness Testimony
Ms. Woods was described as a well known business woman whose reputation for conducting business activities was average. Residents of her apartment complex reported that she seemed to listen to their problems and concerns and would sometimes correct problems in the apartments. Business associates indicated that she was average in professional demeanor and that she was usually fair in business transactions.
Several years ago, Ms. Woods enrolled in college as a part time student. After four years, she had completed about half of her courses and had accumulated a high "C" average. Her professors described her as academically average with moderate motivation for learning. Ms. Woods did not express aspirations for graduate school. Ms. Woods had maintained memberships in a civic club as well as church, and had attended these activities about half of the time.
Ms. Woods was frequently described as a sometimes tense but personable individual who was considered difficult and/or friendly, depending on her mood.
Photo of Ms. Woods attached here.
Summary of Character Witness Testimony
Mr. Radford was described as a somewhat reserved, average young Caucasian man who infrequently had a pleasant word for others. He was rated as average in helping others in the apartment complex and several of the residents indicated that he only occasionally demonstrated a concern for their comfort and well-being. Other employees indicated that, only some of the time, he discharged his work responsibilities in an acceptable fashion.
In his evening college work, Mr. Radford was in his last semester, about to complete a degree in Business Management. He had maintained a GPA of 2.5, was described as being an average student, and maintained an average interest in the learning situation, although he had recently applied to GraduateSchool at the nearby StateUniversity.
Mr. Radford's physical appearance and dress were described as being average. He was described as being neither neat nor disorganized, a little reserved, and neither an easy nor a difficult person with whom to relate.
Photo of Mr. Radford attached here.
Trial Summary
Mr. Radford's lawyer, in his jury summation, suggested that Mr. Radford was entitled to recover personal, as well as punitive damages and urged the jury to award him a grand total of $200,000.
Ms. Wood's lawyer argued that his client was a victim of an ambitious man with a very vivid imagination and urged the jury to find in favor of Ms. Woods and award the plaintiff nothing.
DATA SHEET
Please list your: Age____ Sex____ Race____
Academic Classification: Fresh___ Soph___ Jr___ Sr___
Now, assume that you are a member of the jury in this trial. We are interested your individual verdict before deliberation. Do you think that Ms. Woods is guilty of sexual harassment?
Yes___ No___
What is your subjective feeling about the verdict that you have just stated? (Please circle one of the numbers below)
definitely 1 2 3 4 5 6 7 8 9 definitely
not guilty guilty
If you voted not guilty, please do not answer the last question on this page.
If you found the defendant guilty, you must now decide how much compensation you think the plaintiff should receive. How much money do you award the plaintiff? (You may choose any amount from zero to the amount asked for by Ms. Woods' attorney, or even more if you feel that it would be justified.)
Amount awarded $______
Please turn to the next page
Think back about Mr. Radford and rate him on the following characteristics by circling the number that best reflects your impression of him for each item.
A. Awkward Poised
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B. Vain Modest
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C. Weak Strong
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D. Boring Interesting
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E. Submissive Self-assertive
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F. Unsociable Sociable
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G. Dependent Independent
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H. Physically Unattractive Physically Attractive
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I. Cold Warm
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J. Artificial Genuine
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K. Cruel Kind
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L. Dull Exciting
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M. Sexually Cold Sexually Warm
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N. Insecure Secure
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O. Insensitive Sensitive
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P. NervousCalm
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Q. UnintelligentIntelligent
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R. NaiveSophisticated
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S. SadHappy
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Think back about Ms. Woods and rate her on the following characteristics by circling the number that best reflects your impression of her for each item.
A. Awkward Poised
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B. Vain Modest
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C. Weak Strong
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D. Boring Interesting
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E. Submissive Self-assertive
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F. Unsociable Sociable
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G. Dependent Independent
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H. Physically Unattractive Physically Attractive
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I. Cold Warm
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J. Artificial Genuine
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K. Cruel Kind
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L. Dull Exciting
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M. Sexually Cold Sexually Warm
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N. Insecure Secure
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O. Insensitive Sensitive
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P. NervousCalm
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Q. UnintelligentIntelligent
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R. NaiveSophisticated
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S. SadHappy
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