Sexual Harassment: Tutorial
May 25, 2014
Quid Pro Quo and Hostile Environment Sexual Harassment Based on the scenario, Brittney Murphy does have a valid claim for Hostile Environment sexual harassment in regards to her encounters with Robert. His behavior is unwelcoming and highly inappropriate. That fact that she caught him several times staring at a picture of her, made her feel very uncomfortable at work. Although she asked him repeatedly to stop, he continued his behavior he did not and even went as far as to steal and copy that same photo and make it his screen saver on his computer. It is obvious Robert was attracted to her and it was also obvious that she was not interested in him. She does have a valid claim against him for sexual harassment. She also has a valid claim for Quid Pro Quo harassment pertaining to her conversation with her supervisor Dwayne. Quid Pro Quo is when the offender proposes that he or she will do something for the victim in exchange for something else. The fact that he offered her a promotion if she would share a room with him on a business trip in which she informed him she was not willing to take, giver a viable claim to file Quid Pro Quo sexual harassment charges against him. Due to her experience with both male member of the company, she can file both claims. Also, if she can prove that she was demoted because she refused Dwayne’s offer, then that would only make her case stronger. The likely outcome is that an investigation will be conducted and if her claims are found true she will most likely be promoted back into her position and the two offenders Robert and Dwayne may be fired or receive some other form of disciplinary action against them. The company could also be held liable if she can prove that there was not training on preventing workplace sexual harassment.
Legal Factors Brittney cannot necessary sue the company for Hostile Environment Sexual Harassment unless she made others aware of what was going on and no one did anything about it. Since she did inform her supervisor and he did not take care of it and then turned around and engaged in the behavior himself, she can bring suit against the employer. The company can also be held liable for the supervisors actions because companies are held responsible for the actions of their management. According to the text, when someone’s rights have been violated, they have the ability to file a case, which is known as cause of action (Bennett- Alexander, Hartman, 2012).
Preliminary Suggestions If I…