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

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.

Harassment and discrimination can affect a business in many ways. Having a history of harassment and discrimination claims

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).

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 second incident that involved Bob was in November 2011, when he approached another female employee on the team and grabbed her from behind and hugged her. Although he was not being overly aggressive and had a smile on his face, the female employee named Helen was caught off guard and felt violated and asked Bob not to touch her again because it made her feel uncomfortable. Bob laughed it off and said “Gezz girl relax! You know it’s not like that” and pointed at his wedding ring and walk away. Helen approached me and told me what happened. I immediately pulled Bob into a conference room and told him very sternly that it was inappropriate to hug and/or touch another employee in the workplace especially if it is unwelcomed because it could be viewed as sexual harassment. He said he understood and apologized for his behavior. At this time, I felt that this particular incident did not need to be reported to Human Resources since I felt I had a pretty good handle of the situation. I, however did document the incident in his employee

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

Workplace bullying/ non- sexual harassment needs to be addressed in the same manner that sexual harassment would be dealt with. Sexual harassment needs to be reported to the human resources office, and if the issue is not properly handled or it’s dismissed, a harassment claim needs to be filed with 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.

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

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.

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 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.