Noel, Nicole, presiding.
Factual Background: Molly Berkeley worked as a marketing associate at Robbins Jewelry which was bought by QVC in the summer of 2012. As a result of the merger Berkeley gained more responsibility. With these new responsibilities came numerous salary increases and bonuses based on good reviews. Another result of the merger was that QVC brought some of its senior management from Canada to supervise the new Philadelphia based sight. Berkeley began working under Partick Wharton. Patrick Wharton is Vice president, her direct boss and the alleged harasser.
Berkeley claims that the incidents started occurring a few months after the merger. Wharton would stare at her for “several minutes at a time” across the divider …show more content…
Berkeley. QVC appeals on the grounds that Mr. Wharton’s behavior may have not been severe and pervasive.
In determining whether the conduct is sufficiently severe or pervasive, we look to the totality of the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating; whether it unreasonably interferes with an employee 's work performance, and whether it causes psychological harm."
The first point to discuss is the frequency of the incidents. There were no specific dates given as to when this behavior begun. Following the ruff timeline laid out by rs. Berkeley in her affidavit, the behavior appears to have begun a few months after the merger took place in 2012. She then said the starring and garbage throwing went on for about three months. After these three months there was, “an escalation” in Mr. Wharton’s actions. This goes on to the spring of 2013 when Mrs. Berkeley reports that she is “a physical and mental wreck.” (line 87) Mrs. Berkeley resigned the following September. Within this span of approximately a year most of the incidents consisted of staring and some ridiculous comments. There were very few of the more offensive incidents. Due to the lack of more serious events there isn’t a high frequency of moments that would be deemed as sexual
Factual Background: Molly Berkeley worked as a marketing associate at Robbins Jewelry which was bought by QVC in the summer of 2012. As a result of the merger Berkeley gained more responsibility. With these new responsibilities came numerous salary increases and bonuses based on good reviews. Another result of the merger was that QVC brought some of its senior management from Canada to supervise the new Philadelphia based sight. Berkeley began working under Partick Wharton. Patrick Wharton is Vice president, her direct boss and the alleged harasser.
Berkeley claims that the incidents started occurring a few months after the merger. Wharton would stare at her for “several minutes at a time” across the divider …show more content…
Berkeley. QVC appeals on the grounds that Mr. Wharton’s behavior may have not been severe and pervasive.
In determining whether the conduct is sufficiently severe or pervasive, we look to the totality of the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating; whether it unreasonably interferes with an employee 's work performance, and whether it causes psychological harm."
The first point to discuss is the frequency of the incidents. There were no specific dates given as to when this behavior begun. Following the ruff timeline laid out by rs. Berkeley in her affidavit, the behavior appears to have begun a few months after the merger took place in 2012. She then said the starring and garbage throwing went on for about three months. After these three months there was, “an escalation” in Mr. Wharton’s actions. This goes on to the spring of 2013 when Mrs. Berkeley reports that she is “a physical and mental wreck.” (line 87) Mrs. Berkeley resigned the following September. Within this span of approximately a year most of the incidents consisted of staring and some ridiculous comments. There were very few of the more offensive incidents. Due to the lack of more serious events there isn’t a high frequency of moments that would be deemed as sexual