¶ … Law Sexual Harassment
Teddy's Supplies' CEO
Dear Sir,
In pursuing the facts of the case I think Teddy's is having a written sexual harassment policy and a method for employees to report sexual harassment -- either to the supervisor or in secret by using the www.ReportTeddysafely.com. As an employer some of the necessities stipulated by law have been followed. The Supreme Court defined two principles regarding the sexual harassment at the workplace. Firstly the employer is liable for harassment vicariously. In Burlington Industries, Inc. v. Ellerth, 118 S. Ct. 2257 (1998), and in Faragher v. City of Boca Raton, 118 S. Ct. 2275 (1998) and thus the courts held that the employer is always liable for a supervisor's harassment if "it culminates in a tangible employment action. However, if it does not, the employer may be able to avoid liability or limit damages by establishing affirmative defenses that includes two necessary elements." (The U.S. Equal Employment Opportunity Commission, 1999)
One is reasonable care, which is having taken steps to prevent harassment, secondly the employee failed to take advantage of the "preventive or corrective opportunities provided by the employer or to avoid harm otherwise." (The U.S. Equal Employment Opportunity Commission, 1999) In this case no doubt there would have been harassment against Virginia, but she failed to report it. There were many methods to do so in the company policy. Therefore that is a defense. Virginia may not be able to claim damages for being ousted because the dismissal was based on her own sexual behavior. In the worst case no exemplary damages may result. The amount cannot be exactly fixed but would be reasonable in case the case was lost.
2. A. Define sexual harassment, including both quid pro quo and hostile environment harassment
The quid pro quo harassment was defined in Singleton V.U.S. Gypsum Co (2006). The type of harassment includes sexual advances, passes and other forms of lewd advances that pertain to sexual overtures. The other type involves not the sexual aspect but is discriminatory in gender. It is based on the behavior towards the complainant making the work place a hostile environment. Thus in this case there need not be any sexual...
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