Sexual Harassment Tutorial Based upon the scenario, Brittany Murphy has a legally viable claim for both quid pro quo and hostile environment sexual harassment against Personal Connections Are Us, Inc. Quid pro quo sexual harassment includes demanding sexual favors in exchange for a promotion, raise, or job in a workplace. This specific type of sexual harassment occurred when Brittany’s manager, Dwayne Miller, told her to accompany him on a business trip where she would have to share a room with him. He then offered to promote her in another department if she would expose her breast to him. Further proof of her claim is demonstrated when Brittany is demoted to a position in the mailroom with a pay cut after she refused to comply with the
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The frequency of this discriminatory conduct occurred for a sustained period of time and happened at multiple times. This demonstrates that the discriminatory conduct did not just occur once. The severity of the conduct in this claim includes discriminatory conduct of abusive language, sexually explicit comments, editing the photo in an offensive manner, and sexual advances. The inaction by the employer can be confirmed as Brittany reported the situation to her supervisor however no action was taken to correct it and the harassment only become worse with her supervisor’s inappropriate demands. Brittany experienced explicit submissions over a sustained period of time with offensive comments and behavior by her coworker, even after she made the complaint to her supervisor. In addition, her psychological well-being was negatively impacted as she become very uncomfortable, worried, stress, and even throw up due to the obscene comment made by her coworker in the …show more content…
The preliminary suggestions that can be implemented to avoid potential liability in a workplace are a clear documented organizational policy on sexual harassment, having a protocol to follow once a sexual harassment claim have been reported, ensuring HR is accessible to employees for reporting violations, record preventive and proactive actions of the employer, and have counseling available for employees. A clear sexual harassment policy in an organization will inform employees that sexual harassment will not be tolerated at all and will let employees know what steps to take should they come across this situation. This policy should be communicated and available to all employees in the organization. An organization should have a protocol to follow once a sexual harassment claim has been reported to ensure that the employee and information is kept confidential and that an investigation has taken place after it has been reported. The HR department should be accessible to employees via phone, email, etc. to allow employees to communicate and report any complaints or violations of sexual harassment. The organization’s HR department should also have a system to record the complaints and show evidence that proactive actions have taken place in the workplace to correct the situations. Finally, employee counseling should be available
The frequency of this discriminatory conduct occurred for a sustained period of time and happened at multiple times. This demonstrates that the discriminatory conduct did not just occur once. The severity of the conduct in this claim includes discriminatory conduct of abusive language, sexually explicit comments, editing the photo in an offensive manner, and sexual advances. The inaction by the employer can be confirmed as Brittany reported the situation to her supervisor however no action was taken to correct it and the harassment only become worse with her supervisor’s inappropriate demands. Brittany experienced explicit submissions over a sustained period of time with offensive comments and behavior by her coworker, even after she made the complaint to her supervisor. In addition, her psychological well-being was negatively impacted as she become very uncomfortable, worried, stress, and even throw up due to the obscene comment made by her coworker in the …show more content…
The preliminary suggestions that can be implemented to avoid potential liability in a workplace are a clear documented organizational policy on sexual harassment, having a protocol to follow once a sexual harassment claim have been reported, ensuring HR is accessible to employees for reporting violations, record preventive and proactive actions of the employer, and have counseling available for employees. A clear sexual harassment policy in an organization will inform employees that sexual harassment will not be tolerated at all and will let employees know what steps to take should they come across this situation. This policy should be communicated and available to all employees in the organization. An organization should have a protocol to follow once a sexual harassment claim has been reported to ensure that the employee and information is kept confidential and that an investigation has taken place after it has been reported. The HR department should be accessible to employees via phone, email, etc. to allow employees to communicate and report any complaints or violations of sexual harassment. The organization’s HR department should also have a system to record the complaints and show evidence that proactive actions have taken place in the workplace to correct the situations. Finally, employee counseling should be available