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Harrassment

In: Business and Management

Submitted By KLYNN42
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Quid pro quo sexual harassment is defined as sexual harassment in which the harasser requests sexual activity from the harassee in exchange for workplace benefits. (Bennet 805) While, hostile environment sexual harassment is defined as sexual harassment in which the harasser creates an abusive, offensive, or intimidating environment for the harassee. (Bennet 803) Based on Robert Singer’s behavior and comments, Brittany was experiencing hostile environment sexual harassment. Singer is a co-worker whose behavior is unwelcome and inappropriate; therefore creating a workplace that is intimidating, hostile, and/or offensive. Brittany saw him staring at the photo of her in her bathing suit and making lewd remarks regarding her body. She demanded that he stop making comments because they made her feel ill at ease. Soon after this, she found that he scanned the photo to his computer and also had a copy of an altered photo. Upon confronting him again, Robert went to her supervisor, DeWayne Miller, and complained that she was not notifying him of his messages in a timely manner, which was not true. During all of this, Brittany had only discussed this matter with her co-workers instead of reporting the harassment to her supervisor. After notifying Miller, her supervisor, of the issues that she was having with Singer, Brittany experienced quid pro quo sexual harassment from Miller. Quid pro quo harassment occurs in the workplace when a manager or other authority figure offers or hints that he/she will give the employee something in return for that employee's satisfaction of a sexual demand. Miller informed Brittany she was traveling with him although she had never had to travel for the job before. When Brittany stated that she would prefer not to travel Miller told her that the travel was work related and they would be sharing the same room. He proceeded by telling her that he could promote her if she was willing to show him what Singer had been commenting on (her breasts) while they were on travel.
According to the elements described on FCC.GOV, Brittany has a legitimate claim for both hostile work environment and quid pro quo sexual harassment. Brittany is a member of a protected class, she was subjected to unwelcome verbal conduct, she complained about the conduct, and eventually, the unwelcome conduct became a hindrance and/or created an intimidating, hostile, or offensive work environment. Upon completion of an in-depth investigation, disciplining/or firing both Robert and Dwayne should be the first course of action.
Remedies for victims of hostile work environment sexual harassment may include recovery of compensatory damages such as medical expenses, future economic loss and loss of enjoyment of life. If Brittany can prove that there was malice or reckless indifference to her rights, she may also be awarded punitive damages. A quid pro quo plaintiff may recover compensatory damages for lost wages, lost benefits, or even lost employment opportunities; in certain cases, or claim damages for emotional distress. My preliminary suggestions to be presented to the legal counsel are that Personal Connections Are Us, Inc.:
 Develop & communicate an anti-harassment policy to all employees.
 Make sure that all managers & supervisors understand their responsibility to provide a harassment-free work environment.
 Ensure that all employees (including managers & supervisors) understand the policy & procedures for dealing with harassment (involves training, information & education).
 Make sure the policy applies to everyone, including managers & supervisors & investigate/deal with complaints promptly. Also, provide protection & support for the employees who feel they are being harassed.
 Monitor & revise the policy/programs on a regular basis to ensure that it is still effective.

REFERENCES:
Bennett-Alexander, D., & Hartman, L. (2012). Employment Law For Business (7th ed.). New York: McGraw-Hill Learning Solutions (803,805).

FCC Encyclopedia Print Email. (n.d.).Understanding Workplace Harassment (FCC Staff). Retrieved January 24, 2014, from http://www.fcc.gov/encyclopedia/understanding-workplace-harassment-fcc-staff

Keller Heckman | Steps You Can Take to Avoid Sexual Harassment Claims. (n.d.).Keller Heckman | Steps You Can Take to Avoid Sexual Harassment Claims. Retrieved January 25, 2014, from http://www.khlaw.com/686

Sexual Harassment. (n.d.). Sexual Harassment. Retrieved January 25, 2014, from http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/w96shi.html…...

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