Quid Pro Quo Harassment Paper
For the harassment to be considered quid pro quo the harasser must be in a position to influence employment actions. Employers are held liable for quid pro quo harassment since they are responsible for the actions of supervisors, managers and agents. It can be deemed that these individuals were acting directly on behalf of their employer. The second type of sexual harassment is hostile work environment harassment. There are all types of behavior that can create what employees deem a “hostile work environment.” Anyone can create a hostile work environment and in this situation the harasser does not have to be a supervisor. According to the website, HostileWorkEnvironmentGuide.com a hostile work environment is caused by unwelcome conduct in the workplace. It must be caused by discriminatory workplace harassment based on race, color, religion, national origin, disability, genetics, age or sex; or it must be caused by retaliation in violation of a discrimination law. Discussion of sexual activity, unwelcome touching, indecent gestures, sexual jokes and the use
…show more content…
While the Plaintiff was able to prove that the sexual behavior did occur, the Defendant was not able to prove that there was liability on the employer. There is a clearly defined policy regarding sexual harassment in the employee handbook. According to this policy, the employee was to report the incident immediately. The employee failed to provide evidence that they had followed such policy and that the employer failed to act upon it.
One of the biggest deciding factors, in this case, was the fact that the Plaintiff also failed to prove beyond reasonable doubt that the reason he did not get the promotion was because of the unwelcomed screen saver. The claim was based on a “here say” verbal testimony from a source close to the hiring manager that the reason they did not get the job was because of this incident.
Verdict Generator
(1) Was the sexual behavior
While the Plaintiff was able to prove that the sexual behavior did occur, the Defendant was not able to prove that there was liability on the employer. There is a clearly defined policy regarding sexual harassment in the employee handbook. According to this policy, the employee was to report the incident immediately. The employee failed to provide evidence that they had followed such policy and that the employer failed to act upon it.
One of the biggest deciding factors, in this case, was the fact that the Plaintiff also failed to prove beyond reasonable doubt that the reason he did not get the promotion was because of the unwelcomed screen saver. The claim was based on a “here say” verbal testimony from a source close to the hiring manager that the reason they did not get the job was because of this incident.
Verdict Generator
(1) Was the sexual behavior