Sexual Harassment

User Generated

fqrhagen7

Business Finance

Description

1000 words 2 pages single spaced

In the last few weeks as a human resources (HR) consultant at Elora Jean & Co., you have reviewed several issues, made recommendations, and developed policies. In addition to the issues previously reviewed, the owner has advised you of the following situation:

A charge was recently filed with the Equal Employment Opportunity Commission (EEOC) by an employee. The charge states that two female employees in one of the nonunion satellite offices were subject to repeated and unwelcome sexual advances by their male supervisor. The charge further states that the two women previously complained to the supervisor’s immediate superior, letting him know that they felt uncomfortable and would like the behavior to stop. The harassment did not stop; rather, it continued over a period of 3 months. At that point, the female employees decided that the company would not help. They decided to file a claim with the EEOC, stating they were being sexually harassed at work.

The owner is certain that the company can put together a response that will clear it of the charge, and she asked if you felt they had a strong case. You state that you are not legal counsel for Elora Jean & Co.; however, you request permission to investigate the claim before giving your thoughts on the company’s documentation for legal defense.

Given your knowledge of Title VII of the Civil Rights Act, you are concerned with Elora Jean & Co.’s ability to defend the EEOC charge. You plan to engage in your own investigation into the claim to learn more about the complaints made, who had knowledge, what type of investigation was conducted (if any), and what actions were taken. As part of your investigation, you learn that Elora Jean & Co. does not have any policies or procedures relating to sexual harassment in the workplace.

You need to address and advise the owner of Elora Jean & Co. on courses of action. Present your evaluation in a written memo to the owner. As you prepare your strategy for investigating the claim, consider the following:

  • What is the legal definition of sexual harassment?
  • What investigation process should Elora Jean & Co. have engaged in when the claims were first made? Why will that be important to the defense of the EEOC charge?
  • What is the legal liability for Elora Jean & Co. if the EEOC investigation finds the charge to be factual with employer knowledge of the events? Consider the options of mediation versus litigation with regard to organizational cost.
  • What elements would you recommend be included in a sexual harassment policy?
  • What should Elora Jean & Co. do to prevent this type of charge in the future?
  • Research and briefly summarize a recent case of sexual harassment that was won by the employee. Provide information relating to the financial outcome of the case.
  • What implications does the Civil Rights Act of 1991 have for employers?
  • What are your overall recommendations for the owner with regard to preparing a response to the EEOC charge?

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Explanation & Answer

Attached.

Running head: SEXUAL HARASSMENT

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Sexual Harassment
Name
Institutional Affiliation

SEXUAL HARASSMENT

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Sexual Harassment
Legal Definition of Sexual Harassment

By definition, sexual harassment is any unwelcome sexual advances that is inclusive of
requests for sexual favors and accompanying conduct, either verbal or physical, made in a sexual
manner. Conduct that is categorized as sexual harassment is made in exchange for employment,
living environment or education (McDonald, Charlesworth, & Graham, 2015). Any response,
whether acceptance or refusal, of such advances is regarded as the foundation of decisions that
impact that individual’s life, for instance, education. Sexual harassment conduct unreasonably
affects the social life of an individual and creates an environment that negatively impacts their
education or employment. Sexual harassment by law are the sexual favors and advances that
encompass the aforementioned conditions, and persists despite initial objection by the victim.
Investigation Process That Elora Jean & Co. should Have Engaged in When the Claims
Were First Made? Why Will That Be Important To the Defense of the EEOC Charge?
The EEOC recommend that an organization being prompt investigation to claims of
sexual harassment. There are certain steps that the company could have taken when the claims of
sexual harassment were initially filed. First, Elora Jean & Co. should have prepared interview
questions based on the details of employees making the allegations covering aspects of where,
when, what, a...


Anonymous
Excellent resource! Really helped me get the gist of things.

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