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 upon the scenario the employee has a legally viable claim for both quid pro quo sexual harassment and hostile environment sexual harassment. Quid pro quo sexual harassment occurs when a workplace benefit is promised, given to, or withheld from the harassed by the harasser in exchange for sexual activity by the harass. In this scenario, quid pro quo sexual harassment could be brought against her boss for demanding the employee travel and stay in the same hotel room as himself or else face consequences which resulted in her being demoted to the mailroom and receiving a pay cut. This was exacerbated by his comment concerning seeing her “amazing breasts” that a previous employee had commented about thus creating a hostile sexual environment between the two of them. The employee also has a viable claim for hostile environment sexual harassment in regards to her co-worker who has made numerous sexual comments concerning her breasts. Hostile environment sexual harassment occurs when the activity by the harasser towards the harassed is unwanted, is based on the harasser’s gender, creates a hostile or abusive work environment, and unreasonably interferes with harassee’s ability to do his or her job. She advised the co-worker that the comments made her uncomfortable and to stop but the comments continued. The co-worker took it a step further by stealing and downloading and altering a photo of her on his computer. The likely outcome is that the employer will be held responsible and will have to pay punitive damages.
2. Analyze the legal factors for the potential claim(s) in the context of the employee pursuing legal action against the employer. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as follows: "Unwelcome sexual advances, requests for sexual...
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