Employment Law †Sexual Harassment Essay

palingenesis the Sexual Harassment Tutorial found in the lecture. After regard the Sexual Harassment Tutorial, completing the reading, and reviewing the lecture notes in conjunction with the TCO, tell the following questions about the tutorial scenario and facts.Youre Role/Assignment1. base upon the scenario, does the employee have a legally viable claim for plenty pro quo informal badgering and/or hostile environment informal harassment? What is the likely outcome?Based on Roberts behavior and comments, Brittany was experiencing a hostile environment intimate harassment. Robert is a co- produceer whose behavior is unwelcome and inappropriate and so creating a workplace that is intimidating, hostile, and/or offensive. His behavior was collectable to Brittanys gender and physical attributes. She ofttimes witnessed him staring at the pic of her in her bathing suit and making lewd comments regarding her body. She requested he stop making comments because it made her uncomfo rtable.Shortly after, she found that he scanned the scenegraph to his computer. Upon confronting him again, Robert went to her executive program complaining that she was not informing him of his messages in a by the way 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 locomotion with him she never was required to transit before. She stated she would prefer not to travel but was told the travel was work related and they would be sharing the said(prenominal) room. He proceeded by telling her that he could promote her if she was entrusting to steer 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 windup of a thorough investigation, disciplining or firing both Robert and Dwayne should be the origin course of action. Additionally, the phy sical composition is accountable for the actions of their managers and should monetarily compensate Brittany.2. Analyze the legal factors for the potential drop claim(s) in the context of the employee pursuing legal action against the employer.The Supreme motor lodge (Harris v Forklift) concluded that a hostile or abusive work environment can be determined only by flavour at all the circumstances. According to established guidance, some factors could be ingredient of the circumstances in a case. They include frequency of discriminatory demeanour 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 Roberts conduct was not inescapably physically threatening, it was humiliating and offensi ve.After voicing her displeasure, Robert informed Brittanys 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 employees habit or institutes the foundation for employment decisions affecting the employee. Dwayne was in violation of quid pro quo rules by requesting Brittany to show him her amazing breasts in exchange for a promotion and move to a different division (basis for employment decisions). Upon declining his request, Brittany have a demotion to the mailroom and a reduction in pay.3. Lets touch gears. Using the same scenario, assume you are in the HR division of your org anization and you were just presented with the scenario as an example used to explore policies and procedures that impart eliminate sexual harassment liability. Your boss has asked you to make preliminary vestiges (which will be presented to the legal counsel) regarding sexual harassment protocol that will avoid potential liability. What would your top five suggestions be and why?The first suggestion would be for the organization to implement a clear and explicit sexual harassment policy. This information should be included in the employee handbook provided to everyone during their use orientation. This will gibe everyone receives initial guidance concerning this sensitive issue as soon as they begin their employment with the organization. Everyone must understand that sexual harassment in the workplace is not acceptable and the company has a zero tolerance for such behavior. The second suggestion is to provide mandatory, recognize training to employees and managers/supervisor s.Conducting this training will serve as a refresher course to everyone to ensure they understand what is and is not considered sexual harassment and also what actions to load down if they wish to file a complaint. For managers/supervisors, the annual training should consist of how to ensure they understand sexual harassment and how to deal with complaints.The next suggestion would be to ensure sexual harassment claims receive serious consideration by all parties involved in the reporting processing. The employee should be comforted, not told to pulsate over it. Employees deserve the commitment and due diligence of their organization in handling sensitive matters. Another suggestion would be for the organization to make out a zero tolerance atmosphere for sexual harassment. This requires challenging employees instanter when they participate in activities that create an unacceptable workplace. Jokes, sneers, leers, teasing, and gestures are not acceptable. Last, the organization must thrive to keep the workplace friendly and open. This will impress a more pleasant and respectful atmosphere.