Essay about Employment Law - Sexual Harassment - 987 Words

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†¦show more content†¦The Supreme Court (Harris v Forklift) concluded that a hostile or abusive work environment can be determined only by looking at all the circumstances. According to established guidance, some factors could be part of the â€Å"circumstances† in a case. They include frequency of discriminatory conduct; severity of the conduct; whether it is physically threatening or humiliating or merely offensive utterance; and whether it unreasonably interferes with an employees work performance. Brittany often witnessed Robert staring at the bikini photo and he actually took the photo to scan and make his computer screensaver (frequency and severity). Although Robert’s conduct was not necessarily physically threatening, it was humiliating and offensive. After voicing her displeasure, Robert informed Brittany’s supervisor that she was not performing her duties in a timely manner. This upset Brittany therefore causing several missed workdays (work interference). These actions are clear violations of a hostile environment sexual harassment. EEOC determines sexual harassment to be unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. In quid pro quo cases, an offense occurs if it pertains to conditions of the employee’s employment or institutes the foundation for employment decisions affecting the employee.Show MoreRelatedSexual Harassment - Case Study 21437 Words   |  6 Pages Sexual Harassment – Case study 2 Stephanie K. Allen Business 2130 Employment Law for Business February 8, 2015 Dr. Hamid Kazeroony â€Æ' â€Å"Men believe we should have laws against sexual harassment, but their hostile reaction toward women who sued successfully for sexual harassment shows that they are, in fact, threatened by the law. The criminalization of the woman reimagines the men as victims and the woman as a perpetrator† (Tinkler, 2012, p. 37). 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