Sex AppealMovie 1986
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Between 1986 and 1995, the volume of delinquency cases involving males increased 40%, while the volume of cases involving females increased 68% (table 32). Both males and females showed considerable growth in the number of person offense cases (87% and 146%, respectively). Among males, the largest percent change was in drug offense cases (up 128% between 1986 and 1995). Among females, drug offense cases increased 80%.
In 1995, the delinquency case rate for males was more than 3 times greater than the rate for females -- 92.4 compared with 27.3 cases per 1,000 youth at risk. In 1986, however, the male case rate was 4 times greater. Between 1986 and 1995, the relative change in delinquency case rates was greater for females than for males in both person and property offense cases. The per capita rate of person offense cases involving females increased 126%, compared with 71% for males. The rate of property offense cases increased 38% for females and 7% for males. On the other hand, the rate of drug offense cases increased more for males (109%) than for females (65%).
We conclude on the facts as we have recited them that plaintiff is entitled to recover under Title VII. There are no available precedents. But this past term, the Supreme Court, in a sexual harassment case, held that the guidelines of the Equal Employment Opportunity Commission, including the expansive definition of sexual harassment, are entitled to great deference by the courts in these difficult cases. Meritor Savings Bank, FSB, v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. 2d 49 (1986). There the Court specifically approved and relied upon 29 C.F.R. 1604.11(a) which provides, inter alia, "unwelcome sexual advances ... and ... physical conduct of a sexual nature constitutes sexual harassment when ... (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual...." Id. 106 S. Ct. at 2405.
What remains is the remedy. Ms. Gilardi is now well employed and does not wish to return to Gary Schroeder Trucking. But she does claim back pay under Title VII and she is entitled to recover it. Computing her projected salary with Schroeder at $300 a week, making no allowance for the projected increase which was intimated, and giving Schroeder the mitigating effect of unemployment benefits which she received, the difference between the income which Ms. Gilardi would have received with Schroeder and that which she did receive (plus unemployment compensation) through March 15, 1985 amounts to $12,960.50 to which she is entitled. Ms. Gilardi is not entitled to any other form of compensatory damages under her Title VII claim stated in Count 1. Bohen v. City of East Chicago, Indiana, 799 F.2d 1180 (7th Cir. 1986). 59ce067264