d of time and did not relieve Myrna of the requirement to serve Stuart in the restaurant. StuartÆs action was not sufficient. The fifth question concerns the probable effect of StuartÆs action in this case on his risk of a sexual harassment liability finding against him. If Myrna files a complaint against the employer with the Equal Employment Opportunity Commission, the probability is that Stuart will receive a stiff fine.
3. It is possible that Gilbert does have sufficient basis for seeking legal recourse against the men who subjected his to sexual harassment because he is an acknowledged homosexual. The definitive answer to the issue of the existence of sufficient basis for legal recourse requires the assessment of other issues first, as follows:
Is sexual harassment based on an individualÆs sexual affinity prohibited by employment discrimination law?
If the answer to the above question is ôyesö, does the fact (according the information provided in the question) that both the victim and the harassers are male affect GilbertÆs basis for seeking legal recourse agai
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