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

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]

Sexual Harassment comes in many forms and weather spoken, verbal, written or the behavior itself, it makes the person uncomfortable and the end results is all same, Sexual Harassment is unwelcome and unwanted behavior. Sexual Harassment discrimination is illegal. It is the employer obligation to make sure their organization and employees have protection from discrimination. This paper will show that Jacksonville shipyard acted unethically by failing to protect one of their employees Lois Robinson. Jacksonville Shipyard was well aware that Ms. Robinson faced sexual harassment on a daily basis by her male co- workers. Once Lois complained to Management that she objected to the co-workers behaviors , instead of helping her they made

Work place policies regarding sexual harassment is the main issue discussed in this article. Sexual harassment has continued to be a challenge within the workplace. According to a recent review of sexual harassment related resolutions, employers have paid over $732,976.00 in sexual harassment fines (Hobson, Szostek, & Fitzgerald, 2015). The EEOC has issued written guidelines for appropriate strategies employers should use to handle workplace sexual harassment and specific ways to address it. It is the employer’s duty to proactively work to protect all employees from any type of sexual harassment by following sexual harassment policies and procedures that are put in place. Failure to implement and follow the policy and procedure in the workplace can and most likely will lead to liability should an EEOC investigation or lawsuit occur. The employer needs to disperse copies of the policies and procedures and post them in central locations throughout the organization and address sexual harassment in the employee handbooks. The policy and procedures need to clear

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.

Sexual harassment is always a legal topic in the work environment because the ramifications are so severe, but at the same time very abstract to describe what can constitute sexual harassment. This paper will take into consideration different elements of the law including Employment Law and cases tried before the U.S. Supreme Court. It will also offer suggestions for corrective action pertaining to the issue of sexual harassment in the workplace.

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.

The first lawsuit claiming discrimination because of refusal of sexual advances by a coworker was filed in 1974. Although the term was never specifically used in the case, “Barnes v. Train (1974) is commonly viewed as the first sexual harassment case in America” (Fenelius, 2010). Paulette Barnes was hired as an administrative assistant in the Equal Employment Opportunities Division of the Environmental Protection Agency at grade GS-5 with a promise of “a promotion to grade GS-7 within ninety days” (“BARNES v. COSTLE”).

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.

Harassment, specifically sexual harassment, is one of those challenges faced by businesses and employers as of a result of workplace diversification. Inappropriate conversations, unwanted advances and uncomfortable physical contact are some of the ways sexual harassment can occur. According to Hellriegel and Slocum, “Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” (p.52). To be clear, sexual harassment can, and has, affected both women and men over the years however up to half of all working women have reported experiencing some form of sexual harassment in the career (Vijayasiri, 2008, p.1). It wasn’t until 1986 though that the Supreme Court recognized sexual harassment as a violation of Title VII in the case of Meritor Savings Bank v. Vinson (O’Brien, 1994, p. 1). Before the high court’s ruling, however, the Equal Employment Opportunity Commission had begun to address the issue by drafting hostile work environment guidelines that included sexual harassment (O’Brien, 1994, p. 4). These guidelines would serve later to guide the high court’s decision. There are many more cases like this one we could look at. In 1991, sexual harassment became a household term as Anita Hill testified before congress stating she was sexually

In our society sexual harassment has been in the workplace for years. The use of sexual harassment in the workplace has been remembered best as a weapon used to keep women in their place which would cause them to forfeit promotions within their organizations. It was once believed that women were the only victims but the shift is now changing men are also reporting that they are also victims of sexual harassment on the job. In 1964 the Civil Rights Act was passed and employers began to recognize that they were liable for two types of sexual harassment. The first kind of harassment is Quid pro quo when a supervisor offers the employee sexual advances in order to get or keep a job, and also this harassment is used to determined if an

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.

Organizations have an obligation to create a harassment free environment for its employees. Harassment doesn’t have to be of a sexual nature. An organization is liable if the harassment is so frequent or severe that it creates a hostile or offensive work environment or when it results in adverse employment actions such as the victim being fired, demoted, or transferred. Harassing a person based on their sex is illegal. Sexual harassment has a great impact on an employee’s productivity as well as poses a major impact on an organization’s finances in litigation.

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

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.

Providing training about harassment has proven beneficial to the business environment. As the former EEOC Chairman stated “Sex harassment has developed as one of the great lessons in how education can have an effect on an offensive practice.” There are education campaigns educating not only employees but employers about what harassment entails, how to prevent it, and how to deal with a claim. (Glazer, 1996) In fact, most