Farragher Vs. Ellerth Court Case Study

981 Words 4 Pages
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
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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, …show more content…
Hence, an employer is not liable for what a wrongdoer will do. The employer will only be liable for harassment that is not under supervision below the philosophy of direct liability. Contractors have their work that they manage; that makes it to where businesses are not liable for what happens. “Victims of sexual harassment manifest negative moods, difficulties in concentrating and having elevated stress”, (Adams-Roy & Barling, 1998). Contractors must prove they are legally able to work providing the proper factors, work responsibilities, and hours they work. "The Title VII was not passed for the primary purpose of eliminating sexual harassment in the workplace or more specifically to eliminate equal opportunity harassers from the work environment, but never the less, Title VII must adapt to modern employment situations", (McCullough,

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