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"So we went down to Mullaney's," Jenkins recalls. "They said they were very interested." To produce the play, Jenkins and Penick, along with Pitt theatre arts students, or former students, Christopher Scott, Melanie Stefanic, Robert McLovich, Nancy Mimliss and a collection of other theatre people from the Pittsburgh area, formed Acorn Productions. The name of the production company, of course, is an allusion to the title of the play, which grew out of the efforts of Martin, the main male protagonist, to earn extra money working overtime in the mill he hates so he can buy oak trees for his yard in Hazelwood.

"I thought it was very symbolic," says Jenkins. "He wants to plant his roots in America. Does he plant the trees or doesn't he? He is alienated because he is working in the mill and hates it. It is a big change from the old country where he worked on his farm." While "Oak Trees" involves an Irish immigrant family, Jenkins feels the problems the Kellys faced in the New World apply to many other immigrant groups, which is something she also has been told by people who have seen the play. Jenkins recalls: "One woman said to me, 'You know, Maureen, I am Italian. But I don't care if it's Irish, Italian, Slovak, whatever immigrant class you came from, you can identify with it because it has a universal theme. You wanted to be an American.' "Nora, the main female character, wants to be an American," Jenkins points outs. "That's her dream. But her husband is threatened by it all and eventually decides to return to Ireland." Playwriting instructor George says it is "definitely an honor" that "Oak Trees" was actually performed on stage, but that Jenkins certainly earned it.

Most of our clients who have ever had male partners are currently being abused by their male partners and/or were once abused by male partners. Currently 25% are being subjected to and/or were once subjected to such extremes as ongoing battery, ongoing humiliation, being forced to perform sexual acts that they find repulsive, and threats to kill.1

Another individual was walking down Devil's Alley when he saw a male running down the alley ahead of him. He subsequently saw this person on the north side of the alley kicking at something on the ground. The witness heard a female voice screaming for the male to stop. Though the witness could not see the victim because she was lying in weeds, he saw the male kick her between ten and fifteen times.

Another individual also saw a male stomping or kicking something about ten times on the north side of the alley. The witness went to this location and observed the male who had been doing the kicking sitting with a female at the front of a burned-out house just north of the area where the assault occurred. The individual stated that the female's face was "all bloody."

The physician who treated "R.M." following the assault stated that the injuries sustained by the victim consisted of a fractured right orbital wall, a right orbital floor fracture, and fractures of both nasal bones. The physician also stated that the injuries sustained by the victim were serious bodily injuries which resulted in a substantial risk of death and extreme physical pain.

Plaintiff may establish a prima facie case of sex discrimination in several different ways. First, she may demonstrate disparate treatment as between men and women. However, there is no allegation that any males were treated more favorably than Plaintiff, and Plaintiff admitted in her deposition that she knows of no males who received preferential treatment.

However, "[t]he gravamen of any sexual harassment claim is that the alleged sexual advances were `unwelcome.'" Vinson, 477 U.S. at 68, 106 S. Ct. at 2406 (quoting 29 C.F.R. 1604.11(a) (1985)). In another case where an employee engaged in a romantic relationship with her boss received a promotion as a result of that relationship, the Second Circuit found that the claim of other qualified male employees who were denied the position was not actionable under Title VII. DeCintio v. Westchester County Medical Center, 807 F.2d 304, 308 (2d Cir.1986), cert. denied, 484 U.S. 825, 108 S. Ct. 89, 98 L. Ed. 2d 50 (1987).

Id. Further, in a case remarkably similar to the one at bar, the Western District of Pennsylvania held that there was no violation of Title VII where a female employee was treated less favorably than another female employee alleged to have had a romantic relationship with a superior. Miller v. Aluminum Co. of America, 679 F. Supp. 495, 501 (W.D.Pa.) (neither the plaintiff nor any male employees could get *961 the same treatment as the boss' paramour), aff'd without opinion, 856 F.2d 184 (3d Cir.1988). The court noted, "Favoritism and unfair treatment, unless based on a prohibited classification, do not violate Title VII." Id.

Star v. Rabello, 97 Nev. 124, 125, 625 P.2d 90, 91-92 (1981) (citing Cervantez v. J.C. Penney, Inc., 24 Cal. 3d 579, 156 Cal. Rptr. 198, 595 P.2d 975 (1979)). Plaintiff has deposition testimony of experts who examined her which indicates that she suffered from depression as a result of work-related stress. However, the actions by Defendants on which Plaintiff relies do not constitute extreme and outrageous conduct as required by the first element of the cause of action.

The only direct mention of Plaintiff's claim for intentional infliction in her entire Opposition to the Motion for Summary Judgment is in a footnote on the last page. There, the Plaintiff explains the theory on which she bases her claim. "Plaintiff contends that pervasive sexual harassment, creating a hostile work environment which has the effect of diminishing Plaintiff's tangible, and intangible work benefits, and which causes severe emotional distress and depression, constitutes extreme and outrageous conduct under Nevada law." Opposition (# 66), at 45 n. 29. Plaintiff goes on to state that the Defendants' actions take on an extreme and outrageous character because Defendants acted in retaliation for Plaintiff's complaints about the alleged sexual harassment, Defendants abused their positions with regard to Plaintiff, and Defendants knew Plaintiff was "peculiarly susceptible to stress by reason of what was occurring at the workplace." Id.

However, as this Court found above, there was no sexual harassment or hostile work environment. Furthermore, Plaintiff's attempted reliance on Priest v. Rotary, 634 F. Supp. 571 (N.D.Cal.1986), is unavailing. In that case, the plaintiff and other female employees had been subject to pervasive sexual harassment including unwanted touching of their bodies in a sexually suggestive manner. In addition, the plaintiff there was fired although her employer knew that she was the sole source of support for her minor son. The facts shown in Priest were far more offensive than any showing made by the Plaintiff here.

The Restatement (Second) of Torts 41 and Comments thereto (1965) are helpful in determining what constitutes the extreme and outrageous conduct required for this tort. The following excerpts from the comments are instructive:

Thus, although Plaintiff's evidence may establish abuse of the position of her employers and although they were aware she was subject to depression resulting from work-related stress, the conduct on which she relies is not so extreme and outrageous as *963 to establish this claim.[3] Therefore, summary judgment will be granted as to the claims for intentional infliction of emotional distress as well.

We believe these female leaders may be having success by relying on the same traits that nearly all of the successful women we know have been relying on to get us through this difficult time. These traits include (1) staying mission-focused despite challenges, (2) being creative and resilient in the face of adversity, and (3) being comfortable coping with uncertainty and rapid change. Although certainly both men and women may have these traits, our life experiences suggest that, as women, we have unique perspectives that enable us to more readily take advantage of these much-needed qualities during this challenging time. Despite our very different life experiences, we both felt that these kinds of qualities have been important for each of us to persevere and thrive.

Reviewed by: The Extreme Right in the French Resistance: Members of the Cagoule and Corvignolles in the Second World War by Valerie Deacon Geoff Read The Extreme Right in the French Resistance: Members of the Cagoule and Corvignolles in the Second World War. By Valerie Deacon. Baton Rouge: Louisiana State University Press, 2016. viii + 230 pp. This book challenges much conventional thinking. By focusing on two groups considered among the most extreme in 1930s France, the Cagoule and the Corvignolles, Valerie Deacon illustrates that many members, rather than gravitating towards collaboration with the Nazis, instead spent the Second World War resisting them. She thereby illustrates that in addition to communists, progressives, and Gaullists there were ultra-nationalists and racists who fought the German occupation. The Comité secret d'action révolutionnaire, or Cagoule as it is known, combined anti-republicanism, anti-communism, authoritarianism, royalism, racism, and anti-Semitism with extreme violence. It is tempting to mock the organization's half-baked plans to stage a Reichstag Fire-like event in order to seize power, but truthfully the schemes of the Cagoule were no laughing matter. In the mid-1930s, they murdered several people, committed acts of sabotage, and stockpiled a [End Page 598] considerable cache of weapons owing largely to the support of Fascist Italy. Thus, given that former Cagoule leader Eugène Déloncle helped to found and lead two collaborationist organizations and that one of his henchmen, Joseph Darnand, became the leader of the Vichy government's brutal paramilitary 'Milice', many scholars infer that their trajectories typified the wartime activities of the Cagoulards. Less is known about the even more secretive Corvignolles. Founded by commandant Georges Loustaunau-Lacau (Corvignolles was a reference to the family name of maréchal de Vauban, a military leader under Louis XIV), the Corvignolles was a clandestine organization of mainly military figures who desired to see 'authority' returned to the French state. This was code for a new constitutional order with a stronger president; sometimes it masked outright authoritarianism. Certainly, the Corvignolles' leaders shared a staunch anti-communism and stood ready to oppose a communist coup if necessary. Deacon points out that after the fall of France in June 1940 these groups were well positioned to engage in Resistance work. They had pre-established underground networks and were accustomed to subversive politics; the Corvignolles, in particular, became a successful Resistance organization. Here Deacon makes another key contribution when she notes the centrality of women to the group's activities. The male leadership was largely rounded up and arrested in 1941, leaving women, including the redoubtable Marie-Madeleine Méric (Fourcade), to run the show. She thus challenges the highly masculinist image most have of the Resistance. Finally, Deacon's book demonstrates that not only did these extremists feature prominently in the Resistance, but they went on to populate the right wing of Gaullism in the post-war period. Many former would-be putschists of the inter-war years, in other words, were rehabilitated as conservatives post-1945. This is a highly successful book; it challenges many sacred cows and gives historians of twentieth-century France much to think about. 041b061a72


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