Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
board of referees |
right to be heard |
harassment |
discretion of the chairperson |
Summary:
Allowing witnesses for the employer to listen to a tape of claimant's testimony as to sexual harassment allegedly experienced by her in the course of her employment, before those witnesses testified, gave rise to a reasonable apprehension of fabrication or tailoring of evidence.
A rationale based on avoidance of embarrassment and discomfort is consistent with a rationale designed to ensure full, frank and untailored evidence of embarrassing events from both sides in what is bound to be an adversarial situation.