After viewing the video title, “You be the Judge”, on sexual harassment, Learning Team D (LTD) analyzed three different things involving employees and sexual harassment in the workplace. LTD examined each element of the cause of action, the applicable defenses, and the reason for the Judge’s ruling. Next, the team analyzed the potential liability of the employee and the employer. Finally, LTD scrutinized if the sexual harassment were an independent contractor versus an employee.
Analyze Each Element of the Cause of Action
The video presented two coworker who work on the same team and have worked together for the last year. The plaintiff is suing the defendant for sexual harassment. The plaintiff maintains that the Defendant put a sexual …show more content…
(Barnes, 2016) Sexual harassment is not listed as one of the discrimination listed in the Title VII provision. Although it is not listed in the Title VII provision, it falls in the category of sex discrimination. Steven Cates research paper state, “Sexual Harassment is defined as “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe and passive and affects working conditions or created a hostile work environment”, (Cates, 2012).
The plaintiff and defendant stated, it was normal behavior to send and receive inappropriate emails and normal office behavior concerning the interaction between him and the Defendant. Although, there was a normalcy in their behavior and plaintiff participated in the office behavior, the plaintiff stated, he felt uncomfortable being a participant. Although, he felt uncomfortable, the Plaintiff did not report the sexual harassment with his direct supervisor or the Human Resource …show more content…
The Plaintiff provided no evidence to show the two type of sexual harassment. Since the Plaintiff never informed or filed a complaint regarding the Defendant behavior and the defendant is not a supervisor the employer is not considered to be liable. The employer provided employees with the policy and step to report sex harassment. This policy was submitted into evidence. Farragher vs. Ellerth court case, if the employer did not know or have reason to know of the conduct, no liability should be imposed. The Plaintiff failed to fulfill their responsibility to report the sexual harassment. The employee has a responsibility to inform the employer of the behavior so that appropriate actions can be taken handle to the situation, (Woodford, 2004). When applying this ruling, the employer is not liable for the actions of the Defendant. Additionally, the employee has a responsibility to inform the employer of the behavior so that appropriate actions can be taken handle to the situation, (Woodford,
Analyze Each Element of the Cause of Action
The video presented two coworker who work on the same team and have worked together for the last year. The plaintiff is suing the defendant for sexual harassment. The plaintiff maintains that the Defendant put a sexual …show more content…
(Barnes, 2016) Sexual harassment is not listed as one of the discrimination listed in the Title VII provision. Although it is not listed in the Title VII provision, it falls in the category of sex discrimination. Steven Cates research paper state, “Sexual Harassment is defined as “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe and passive and affects working conditions or created a hostile work environment”, (Cates, 2012).
The plaintiff and defendant stated, it was normal behavior to send and receive inappropriate emails and normal office behavior concerning the interaction between him and the Defendant. Although, there was a normalcy in their behavior and plaintiff participated in the office behavior, the plaintiff stated, he felt uncomfortable being a participant. Although, he felt uncomfortable, the Plaintiff did not report the sexual harassment with his direct supervisor or the Human Resource …show more content…
The Plaintiff provided no evidence to show the two type of sexual harassment. Since the Plaintiff never informed or filed a complaint regarding the Defendant behavior and the defendant is not a supervisor the employer is not considered to be liable. The employer provided employees with the policy and step to report sex harassment. This policy was submitted into evidence. Farragher vs. Ellerth court case, if the employer did not know or have reason to know of the conduct, no liability should be imposed. The Plaintiff failed to fulfill their responsibility to report the sexual harassment. The employee has a responsibility to inform the employer of the behavior so that appropriate actions can be taken handle to the situation, (Woodford, 2004). When applying this ruling, the employer is not liable for the actions of the Defendant. Additionally, the employee has a responsibility to inform the employer of the behavior so that appropriate actions can be taken handle to the situation, (Woodford,