Preview

Sexual Harrassment Essay

Satisfactory Essays
Open Document
Open Document
635 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Sexual Harrassment Essay
The case of Craig v. M & O in Chapter 13 defines the 2 general legal categories that a plaintiff can pursue sexual harassment workplace claims under. Provide the details of those 2 general claims. Do not include the employer's defenses here.

One of the general legal categories that a plaintiff can pursue sexual harassment workplace claims under is whether the harassing conduct resulted in a tangible employment action (quid pro quo), in this case whether Craig was to be demoted or fired because she did not accept Byrd’s sexual advances. Since Byrd’s comments were hazy, “I just don’t think I can work with you anymore” and Craig was not fired or demoted the sexual harassment claim could not be supported under tangible employment action. The other legal category a plaintiff can pursue sexual harassment workplace claims under is whether the harassing conduct altered the condition of employment and created a hostile, abusive work environment. In this case Craig was harassed with comments about her legs and that Byrd wanted to make love to her, as well as being forcefully kissed. Distressing phone calls also followed that incidence as well. During all this time Craig was working under Byrd which filled her work life with stress and anxiety. She was also treated differently and her duties changed once she rebuffed the sexual advances of her supervisor. The sexual harassment claim was supported under this category
Both categories must also be proved to be unwelcome and sexual in nature as well.

As a manager, how can you defend your company against a sexual harassment claim? Please refer to the legal defenses to a sexual harassment claim. You are free to suggest company policies and procedures. You are free to explain how you will try to encourage proper employee behavior. Explain your answer in detail.

As a manager you can defend your company against sexual harassment claims in a few ways. The easiest would be by not flirting or joking in a sexual way with any

You May Also Find These Documents Helpful

  • Better Essays

    Sexual Harrasment

    • 1364 Words
    • 6 Pages

    By J. Curtis Varone, Legal Considerations for Fire and emergency services, 2nd edition, page 421. Accordingly sexual harassment claims tend to include almost all the above elements as well as many more elements, be they physical or verbal. It is also broken down into two main categories. The two categories of sexual harassment are ‘quid pro quo’ (this for that) and ‘hostile work environment’.…

    • 1364 Words
    • 6 Pages
    Better Essays
  • Better Essays

    “The definition of sexual harassment stated in the EEOC Guidelines and accepted by the U.S. Supreme Court is “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” which implicitly or explicitly make submission a term or condition of employment; make employment decisions related to the individual dependent on submission to or rejection of such conduct, or have the purpose or effect of creating an intimidating, hostile, or offensive environment (Kubasek, 2009, p. 600).”…

    • 2407 Words
    • 10 Pages
    Better Essays
  • Powerful Essays

    Unheard of until the 1970 's, sexual harassment has become a dominant concern of employer 's, schools, and other organizations throughout the country. It is one of the most litigated areas of sexual discrimination law, and virtually all major companies, government organizations, colleges and universities and even the military now have sexual harassment policies in place. Even the President of the United States has been subject to sexual harassment lawsuit (Encyclopedia of Everyday Law). In fact, sexual harassment was first declared to be illegal in the context of employment. In the 1970 's, courts began interpreting preexisting laws that prohibited sex discrimination in employment to bar sexual harassment of workers (Laura W. Stein).…

    • 1296 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    The EEOC defines sexual harassment as "unwelcome advances, requests for sexual favors and other verbal or physical conduct of a sexual nature in the working environment... has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or…

    • 624 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Sexual Harassment according to the Equal Employment Opportunity Commission (2009) is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual 's employment, unreasonably interferes with an individual 's work performance, or creates an intimidating, hostile, or offensive work environment. Merriam Webster (n.d.) defines sexual harassment as uninvited and unwelcome verbal or…

    • 1583 Words
    • 7 Pages
    Better Essays
  • Good Essays

    “Sexual Harassment has been pointed out as the most increasing, widespread problem faced by women in the workforce (Kadue & Lindeman, 1997).” Therefore, I will write to you about what sexual harassment is and what constitutes it, where the United States and other countries stand on this issue (the global view), types of sexual harassment, how to identify it, major problems related to sexual harassment, disciplinary actions the offender may face, and affects sexual harassment may have on the victim.…

    • 1388 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Sexual Harassment Term Paper

    • 2439 Words
    • 10 Pages

    The U.S. Supreme Court has recently decided two important cases in the area of sexual harassment: Burlington Industries, Inc. v. Ellerth, Docket No. 97-569 and Faragher v. City of Boca Raton, Docket No. 97-282. These cases follow on the heels of two other recent sexual harassment…

    • 2439 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Sexual Harassment

    • 835 Words
    • 4 Pages

    Cite some examples of sexual harassment in the workplace. Discuss methods of dealing with these instances.…

    • 835 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Since the creation of sexual harassment laws there has been several arguments against the laws in place. The counterarguments of sexual harassment laws range from false accusations to freedom of speech issues. A problem with sexual harassment laws, like any other law, there will be some instances were accusations are either misconstrued or blatantly false. Table 1 shows sexual harassment charges to employers, in 1997, approximately 40% of EEOC reported cases were administrative closures, and 41.4% no reasonable cause. An administrative closure is when a case is closed for administrative reasons including “charging party requests withdrawal of a…

    • 5442 Words
    • 22 Pages
    Powerful Essays
  • Good Essays

    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.…

    • 2144 Words
    • 9 Pages
    Good Essays
  • Good Essays

    Sam is the boss and Paula is the employee, at one time they dated but Paula eventually ended the relationship. After the relationship ended then Paula tried to transfer departments, but Sam blocked the transfer and continued unwelcoming advancements towards Paula. Under the definition of sexual harassment this falls under the category. The Civil Rights Act of 1964 prohibits sexual harassment and this includes a work environment that is offensive, hostile, or intimidating. Ultimately this is what needs to determine if the employer is liable. To minimize their liability they need to have an anti-harassment policy, complaint policies, inform the employees of the anti-harassment policies, and other factors that the court will hold…

    • 546 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Quid Pro Quo harassment occurs in the workplace when a manager or other authority figure offers or merely hints that he or she will give the employee something (a raise or promotion) in return for that employee’s satisfaction of a sexual demand. (Reuters, 2017). In this case, Mary is the victim of unwelcome sexual advances and must result in the tangible employment action. “This consists of a significant change in employment status; hiring, firing, failing to promote, reassignment, or a significant change in benefits”. (10.12 Civil Rights- Title VII- “Tangible Employment Action”). The type of hostile environment that Mary is experiencing is the remarks made by Bob and it is negatively affecting her job, he is making it a very offensive work environment for her. A hostile work environment harassment has nothing to do with the superiors actions or tangible employment actions.…

    • 603 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Sexual harassment is a genuine issue in the workplace. This inappropriate behavior, which has a negative impact on an employee’s job, is in violation of Title VII of the Civil Rights Act of 1964. Actions associated with sexual harassment include lewd gestures, pictures or words, demands for sexual favors as well as any behavior that impedes the employee’s ability to perform his or her job in surroundings free from hostility and offensiveness (Sember & Sember,…

    • 76 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Title Vii

    • 832 Words
    • 4 Pages

    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?…

    • 832 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Sexual Harassment

    • 721 Words
    • 2 Pages

    lThere are two types of harassment: quid pro quo and hostile environment sexual harassment. Based upon the scenario, Mrs. Murphy has a legally viable claim for both quid pro quo and hostile environment sexual harassment against Personal Connections Are Us, Inc. Quid pro quo harassment occurred when the manager Dwayne Miller told Mrs. Murphy to accompany him on a trip in which they would share a room. He offered her a transfer to another department and a promotion if she exposed her breasts to him. She refused and was then demoted to the mailroom and took a pay cut. Hostile environment harassment occurred when Robert Singer, Mrs. Murphy 's co-worker, made comments about her picture in which she had a bathing suit top on. He took it a step further by taking the picture and putting it on his screensaver on his computer and made obscene edits of the picture. The likely outcome will be that Mrs. Murphy would win her sexual harassment case against People Connections Are Us, Inc.…

    • 721 Words
    • 2 Pages
    Good Essays