Melinda Case – Hypotheticfal Facts
HYPOTHETICFAL FACTS
Melinda was employed at a sports store called “Fitness Freaks” on April 1, 2013, but has not undergone any induction in regard to matters concerning workplace health and safety or any of the Anti-discrimination Acts. Fitness Freaks sells sportswear and equipment. Among its sportswear, Fitness Freaks sell a very popular line, the ‘Cheetah range. To help promote the range, the owner of the store, Dennis, has all of his male and female staff members wear the ‘Cheetah range to work, which consists of tights, shorts and athletic tops.
On her first day of work, Dennis walks past Melinda, slaps her on the bottom and says “With a bottom like that youre bound to make me a profit.” Melinda is startled, stops what she is doing and immediately walks away. She is shocked and does not know what to say. The shop is filled with customers and fellow employees, and she does not want to draw further attention to herself as she is thoroughly embarrassed.
On a second occasion, three weeks later, Melinda is speaking with Dennis and Phillip, a fellow employee, when Dennis says to Phillip, “Phillip, dont you think Melinda looks great in that gear.” Phillip laughs and agrees, stating that “Melinda sure is hot stuff.” Melinda is once again shocked, so she says nothing and walks away.
Later that same day, Dennis approaches Melinda while she is working alone in the stock storeroom. He asks her about the stock quantities, and determines what needs to be reordered. After Melinda begins to relax, Dennis says to her “I love the way we can joke around together, you would never say anything bad about me to anyone, would you Melinda, as this might cause problems for all of us.” He stares at her for a few moments, making her feel uncomfortable, and then leaves the storeroom.
One week later,