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...