LEASE LUXURY FOR LESS

Questions by the justices
were frequent and pointed,
continuing the obvious trend
of increased judicial in-
volvement seen in the first
few days of the new term.
Participating with as
much vigor as any of the
justices was Ms. Ginsburg,
whose confirmation to the
court in August was hailed
by Jewish groups.
Ms. Ginsburg began her
questioning immediately
after arguments began in
the sexual harassment case,
entitled Harris vs. Forklift
Systems Inc.
That case, considered by
some to be the most impor-
tant First Amendment case
in recent memory, asks
whether one accusing her
employer of sexual harass-
ment must prove
psychological injury.
AJCommittee and the
American Jewish Congress
were among those filing
briefs on the side of plaintiff.
They argued that a lower
standard of proof is ade-
quate.
Ms. Ginsburg began by
asking plaintiff Teresa
Harris' attorney what exact-
ly defines sexual harass-
ment, suggesting that corn-
ments made to different peo-
ple might offend some but
not others.
The comment " 'You're a
woman — what do you
know?' means something
different from 'You're a man
— what do you know?' " said
Ms. Ginsburg, using a
denigrating comment made
to Ms. Harris by a male co-
worker as an example.
"You've never been told,
`You're a man — what do
you know?' " asked Mr.
Scalia, who jokingly sug-
gested that he must have
come from a different family
background than the other
justices.
Ms. Harris' attorney, Ir-
win Venick, claimed that the
only test plaintiffs should
have to meet is an objective
test that asks whether an
employer's conduct would be
considered offensive by a
reasonable person.
Stanley Chernau, counsel
for her employer, Forklift
Systems Inc., argued that
something more is required,
depending on the facts of
each case.
Mr. Chernau shied away,
however, from asserting that
proof of psychological injury
be a mandatory component
of proving sexual harass-
ment.
Mr. Venick was flanked by
counsel from the Justice
Department, arguing in
favor of Harris.

❑

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