Varner V. National Super Markets 94 F. 3d 1209

The accuser had alleged that her supervisor constantly subjected her to sexual harassment both during and after business hours, on and off the employer's premises; she alleged that he forced her to have sexual intercourse with him on numerous occasions, fondled her in front of other employees, followed her into the women's restroom and exposed himself to her, and even raped her on several occasions. She alleged that she submitted for fear of jeopardizing her employment. She testified, however, that this conduct had ceased almost a year before she first complained in any way, by filing a Title VII suit, her EEOC charge was filed later (see infra at n.34). The supervisor and the employer denied all of her allegations and claimed they were fabricated in response to a work dispute.

We would need to review and make sure that all the appropriate measures are being taken in a timely manner if someone complains about their working environment. Specific steps and procedures need to be followed to protect our company and our employees. In Pennsylvania State Police v. Suders (2004) the Supreme Court found that in order to establish constructive discharge a plaintiff must show that the environment was so intolerable that resigning was the only option. But the court also found that the plaintiff failed to avail herself of the internal reporting procedures as she resigned two days after mentioning harassment to an official. The case supports our position of not guilty because the employee who is filing charges against us did not follow the company’s internal reporting procedures. This would have allowed us to meet with the employee to see if we could come to an agreeable solution. Internal reporting procedures are there to protect everyone involved.

The actions to take constitute the employee’s responsibilities in responding to allegations or suspicions of abuse. Always follow policies and procedures and report to the appropriate person(s), record the facts on appropriate paperwork, listen do not judge, stay calm and collected, and do not tamper with evidence.

The employee should tell the person that the behavior is unwelcome and contact their immediate supervisor and the Director of Human Resources. An investigation will take place and appropriate actions will take place based on the findings of the investigation. As per Cornerstone, if the supervisor is involved in the complaint, the employee should report the incident to the Director of Human Resources only. If it is determined through the investigation that an act of harassment took place, Cornerstone reserves the right to take disciplinary action, including immediate termination of employment. If the investigation concludes that no harassment took place, no retaliation will take place with the employee filing the report, as long as the report was made in good faith. If it is determined that the employee knowingly made a false report, they will be subject to disciplinary action, including immediate termination of

In this case, a young woman was employed by Grocery Store X as a cashier, deli counter clerk, and produce stocker. While working for Store X the young woman encounter unsolicited hugging, shoulder rubbing, and even was asked for kisses, all of which falls into the category of unwelcome sexual advances or physical harassment. The encounters were not limited to one individual and included the store manager. On one occasion, the young woman approached the store manager about an encounter that left her feeling shaken. During the discussion, the store manager discouraged her about pursuing any action as it is hard to prove or maybe the intent of that action was misinterpreted. In the end the work environment no longer felt safe nor a place the young woman wanted to work.

Sexual misconduct in the workplace has been a problem for women and in recent year’s men as well. Unfortunately, in the past this topic was overlooked until the case of Meritor Savings v. Vinson. We will establish the criteria for determining when unwelcome conduct of sexual nature constitutes harassment according to Title VII. Additionally, we will ascertain how to evaluate evidence of harassment, whether a work environment is sexually antagonistic, holding employers liable legally responsible for sexual harassment by supervisors; and analyzing preventive and corrective action

Harassment has plagued the world for centuries. Why should the workplace be any different? Sexual harassment and workplace violence are not only of historical roots, but contemporary issues are still present in the workforce today. Managers are addressing and combating modern sexual harassment and workplace violence, however instances still occur (Robbins, Decenzo & Coulter, 2011).

Regarding effective policies and processes to prevent and handle sexual harassment, one important factor is the federal law Title VII of the 1964 Civil Rights Act under which sexual harassment is prohibited in the United States ("Title VII of the Civil Rights Act of 1964," n.d.). More over, the Equal Employment Opportunity Commission (EEOC) has been granted powers to enforce the Act ("EEOC," n.d.). Throughout the interview, several topics are addressed to bring clarification to uncertainties with procedures for handling

The Equal Employment Opportunity Commission (EEOC) can file lawsuits on behalf of victims of sexual harassment. The legal process is long and cumbersome it can be years from the first complaint to the final verdict. Though, Title VII offers reinstatement to previous job, the individual may be harassed by co-workers making conditions even more uncomfortable than they were beforehand. However, the solutions proposed might seem comprehensive in plans to lessen sexual harassment in the workplace and punishment of harassers. The proposed measures fail to cover all aspects of harassment, though the truth is, it is virtually impossible to formulate a plan to do so.

To ensure that the evidence of the abuse has been preserved record the facts immediately, report exactly what has been said to your manager ad make multiple copies and store them somewhere safe where no anyone that doesn’t need to know can see them. Do not tamper with any evidence or put your own thought into the accusation.

Employers need to have a clear understanding about the laws that are in place to protect them and their employees as well as how to prevent and address such claims. An option for employers is provide training for their employees and supervisors. Research shows that 49.7% of harassment cases are seen between co-workers, 26.4% from direct supervisors, 17.1% from other superior, and 6.8% from customers and vendors (Glazer, 1996). The trainings Santiago-Santos will provide employers with an insight on how to adapt their internal policies to comply with employment laws. Also, the employer training will help them develop a process of reporting and dealing with such claims internally and what their rights are when a claim reaches the Equal Employment Opportunity Commission (EEOC).

Sexual harassment in the workplace is a huge problem in recent history. It can happen to anyone and it can happen everywhere. It can affect all types of races, gender and age. Statistics today shows that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consume covering sexual harassment because of the high profile cases. Sexual harassment becomes a topic on various TV shows, and on some major morning radio talk shows mostly everyday. Sexual harassment laws must be strengthened in order to fix what has become a serious problem today in the workplace.

If any employee faces discrimination or are experiences harassing behavior from a coworker they can discuss the problem with their supervisor or boss. Supervisors may terminate the employees responsible for the discrimination, demote them or move them to a different department. If that does not solve the problem the employee facing discrimination can fill out an Equal Employment Opportunity Commission complaint. The Employee must file the EEOC complaint before commencing a lawsuit. If the EEOC dismisses the claim, the employee can commence the state or federal lawsuit. A lawsuit is much more costly for both the victim and the discriminator and could take years to

As seen in the case study, a court decision may be one way for any company to legally define what constitutes sexual harassment in the workplace, but there are many ways to define sexual harassment. Everyone has different views and tolerance levels towards sexual harassment. When a case of sexual harassment occurs in a workplace, however, it comes down to how the courts define sexual harassment. The Supreme Court defines sexual harassment to be unlawful in two ways. “The first type involves sexual harassment that results in a tangible employment action;” this is referred to as quid pro quo. For example, if an employee complies with the harasser’s request, then she will get a raise. This unlawful act is usually presented in the workplace by a person who has an upper hand, such as a manager, to ensure that s/he will get what s/he wants. Employees are often victimized by fear that they will not get promoted or that they will get fired. They also dread that if a complaint is filed, it will not be handled correctly. “This instance of sexual harassment always involves another violation of employee rights; [sic] wrongful termination.” This would occur, for instance, when “a supervisor . . . tells a subordinate that . . . she must be sexually cooperative with [him] or . . . she will be fired, and who then indeed does fire the subordinate for not submitting” (“U.S. Supreme Court Defines”). [schwinlaw.com]

Some women may even prefer not to report any allegations of being pressured sexually for fear of what might happen to them if they do. Although it is not lawful to retaliate against an individual for exposing employment practices that discriminate many people would seek retaliatory efforts. Therefore there are many women who feel it may be better for them to suffer in silence than to deal with revengeful or vindictive tactics such as being denied promotions or being scorned by other women who may think that the victim is pressing charges for attention. Because of the nature of such unprofessional behavior the victim may find him or herself very alone and no one wants to go through that especially after suffering through the harassment itself.