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1996

ID
36

Konstantopoulos v. Westvaco Corp.

Here, the plaintiff sued her former employer for allowing her to be subjected to sexual harassment, sexual discrimination, and sexual assault by her co-workers.  The plaintiff claimed that her co-workers made sexual comments and engaged in inappropriate sexual behavior, but that she was not physically injured by the conduct.  She also had no prior or subsequent contact with her co-workers outside of work.  Id.

Nadeau v. Rainbow Rugs

The plaintiff worked as an administrative assistant for the defendant, whose office was located at the home of the company’s president. The plaintiff worked in the same room as the president and he supervised the plaintiff’s work. The president asked her uncomfortable personal questions about her marriage and financially distressed situation, stating that she had options available to make money, but that he needed to speak to her in private about them. He followed this by offering to give the plaintiff money in exchange for sex.

People v. Humphrey

Defendant shot and killed her partner, Albert Hampton (“Hampton”), in their home in Fresno, California. When a police officer arrived she immediately surrendered, told him where the gun was, and admitted that she shot him. She explained, “He deserved it. I just couldn’t take it anymore. I told him to stop beating on me.” Defendant was charged with murder with personal use of a firearm. At trial, the defense asserted that Defendant shot Hampton in self-defense. They presented expert testimony on battered women’s syndrome from Dr.

Sabella v. Manor Care, Inc.

Sabella worked for Manor Care, Inc. (“Manor”) from 1989 to 1990. Sabella claimed that her supervisor sexually harassed her and retaliated against her rejections by assigning her to less desirable jobs. On February 8, 1990, Sabella filed a grievance with the Equal Employment Opportunity Commission (the “EEOC”), but not with the New Mexico Human Rights Division (the “NMHRD”). While the investigation was pending, Sabella filed a claim for workers’ compensation benefits, claimed injuries such as bruised breast and emotional trauma due to sexual assaults.

Stafford v. Nunn, 1996 WL 434514, at *1

Here, the plaintiff sought an emergency protective order as she feared that her ex-husband was going to kidnap their son and as the ex-husband had told her the only way to solve their problems was for the plaintiff to be dead.  Id. at *1.  Under 10 Del. C. § 1043(a), a party may request an emergency protective order where there is an immediate and present danger of domestic violence.

Taleo v. Taleo

The Court examined whether or not the Magistrate's grant of a restraining order was unconstitutional. A victim of mestic violence moved out of the house after the incident and attempted to obtain a restraining order. The Court found that no rule gave the Magistrate jurisdiction to grant such orders, but, absent parliamentary intervention, the Magistrate can grant these orders even if they violate the constitution.

U.S. v. Virginia

The Court was asked to determine the constitutionality of Virginia's decision to only admit men to the Virginia Military Institute (VMI), asking women to instead enroll at the all-women Virginia Women's Institute for Leadership (VWIL). In a 7-1 decision, the Court held that banning women from VMI was in violation of the 14th amendment. The Court held that Virginia had failed to give adequate reasoning for its decision to not admit women, and that women would not receive the same level of instruction at VWIL that they would receive at VMI.

X and Y v. Argentina

Vaginal inspections for visits to family inmates.  A complaint was brought against Argentina by a woman and her 13-year old daughter who were routinely subjected to vaginal inspections when they would visit the woman's husband (and girl's father) at a prison.

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