An appellate court case that found the employer liable for hostile environment sexual harassment is Kunin v. Sears Roebuck & Co. Under this claim, Karen Kunin was sexually harassed by a male employee based upon the abusive and derogatory language that was used. Kunin did not report any abuse to her employer other than to asking if cursing was harassment. The U.S. Court of Appeals found that an employer must investigate and prevent sexual harassment in the mind of reasonable employers. The fact that a host of events occurred to Pollard is an indication of how Teddy's Supplies is liable for sexual harassment. As a result, this can be used to support Pollard's claim against the company. ("Kunin v. Sears Roebuck & Co," 2011)
Do you agree that Pollard was disparately treated? Why or why not? In your answer, define disparate treatment.
Yes, Pollard was disparately treated. This is when a person is handled differently from others inside the workplace. The fact that Pollard was targeted is a sign that she was the victim of this kind of behavior from her supervisors and coworkers. ("Disparate Treatment," 2012)
Does the existence of a sexual harassment policy provide a defense to Teddy's in this case? Why or why not? (Include the name and citation of at least two federal or state sexual harassment cases that provide precedent support to your defense statement.)
No, it does not. This is because case precedent has shown that employers have a responsibility to protect everyone. Evidence of this can be seen with the Supreme Court cases Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth. In both situations, the Supreme Court ruled that the existence of a sexual harassment policy is not enough. Instead, the employer must establish a safe work environment for everyone. ("Development of Sexual Harassment Law," 2010)
Provide three recommendations to the CEO for a way to ensure that employees in the future cannot claim "technical issues" for why they didn't make a complaint. Explain, in your recommendations,...
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