Employment Law - Sexual Harassment
Scenario Summary:
Review the Sexual Harassment Tutorial found in the lecture. After viewing the Sexual Harassment Tutorial, completing the reading, and reviewing the lecture notes in conjunction with the TCO, answer the following questions about the tutorial scenario and facts.
You’re Role/Assignment: 1. Based upon the scenario, does the employee have a legally viable claim for quid pro quo sexual harassment and/or hostile environment sexual harassment? What is the likely outcome?
Based on Robert’s behavior and comments, Brittany was experiencing a hostile environment sexual harassment. Robert is a co-worker whose behavior is unwelcome and inappropriate; therefore creating a workplace that is intimidating, hostile, and/or offensive. His behavior was due to Brittany’s gender and physical attributes. She often witnessed him staring at the photo of her in her bathing suit and making lewd comments regarding her body. She requested he stop making comments because it made her uncomfortable. Shortly after, she found that he scanned the photo to his computer. Upon confronting him again, Robert went to her supervisor complaining that she was not informing him of his messages in a timely manner, which was not true.
After notifying Dwayne, her supervisor, of the problems she was having with Robert, Brittany experienced quid pro quo from Dwayne. Dwayne informed Brittany she was traveling with him; she never was required to travel before. She stated she would prefer not to travel; but was told the travel was work related and they would be sharing the same room. He proceeded by telling her that he could promote her if she was willing to show him her amazing breasts while they were on travel.
Brittany has a legitimate claim for both work environment sexual harassment and quid pro quo. Upon completion of a thorough investigation, disciplining or firing both Robert and Dwayne should be the first course of action. Additionally, the organization is
Review the Sexual Harassment Tutorial found in the lecture. After viewing the Sexual Harassment Tutorial, completing the reading, and reviewing the lecture notes in conjunction with the TCO, answer the following questions about the tutorial scenario and facts.
You’re Role/Assignment: 1. Based upon the scenario, does the employee have a legally viable claim for quid pro quo sexual harassment and/or hostile environment sexual harassment? What is the likely outcome?
Based on Robert’s behavior and comments, Brittany was experiencing a hostile environment sexual harassment. Robert is a co-worker whose behavior is unwelcome and inappropriate; therefore creating a workplace that is intimidating, hostile, and/or offensive. His behavior was due to Brittany’s gender and physical attributes. She often witnessed him staring at the photo of her in her bathing suit and making lewd comments regarding her body. She requested he stop making comments because it made her uncomfortable. Shortly after, she found that he scanned the photo to his computer. Upon confronting him again, Robert went to her supervisor complaining that she was not informing him of his messages in a timely manner, which was not true.
After notifying Dwayne, her supervisor, of the problems she was having with Robert, Brittany experienced quid pro quo from Dwayne. Dwayne informed Brittany she was traveling with him; she never was required to travel before. She stated she would prefer not to travel; but was told the travel was work related and they would be sharing the same room. He proceeded by telling her that he could promote her if she was willing to show him her amazing breasts while they were on travel.
Brittany has a legitimate claim for both work environment sexual harassment and quid pro quo. Upon completion of a thorough investigation, disciplining or firing both Robert and Dwayne should be the first course of action. Additionally, the organization is
References: 1. Bennett-Alexander, Dawn D. Employment Law for Business. 6. VitalSource Bookshelf. McGraw- Hill Learning Solutions, 2009, Saturday, March 17, 2012. http://online.vitalsource.com/books/0077588967/outline/Root 2. Roberts, Barry S. and Mann, Richard A. Sexual Harassment in the Workplace: A Primer. Retrieved 17 Mar 2012, from http://www3.uakron.edu/lawrev/robert1.html