Week 3 Homework – Sexual Harassment
Review the Sexual Harassment tutorial, which is found in the lecture. After viewing the Sexual Harassment tutorial, completing the reading, and reviewing the lecture notes in conjunction with the TCO, answer the following questions about the tutorial scenario and facts.
1. Based on the scenario, does the employee have a legally viable claim for quid pro quo sexual harassment and/or hostile environment sexual harassment? What is the likely outcome?
Quid pro quo sexual harassment occurs when an employee is required to engage in sexual activity in exchange for workplace entitlements or benefits. These benefits can be in the form of promotions, raises or continued employment. It is rather obvious and is not generally difficult to recognize when this type of harassment occurs. (Bennett-Alexander, D. (0040). Employment Law for Business (7th ed). McGraw-Hill Learning Solutions. Retrieved from http://devry.vitalsource.com/books/0077765451/id/P9-141)
In this case, Brittany Murphy does have a legally viable claim for quid pro quo sexual harassment. Her boss, Dwayne, advised her that she was going to be required to go on a trip with him and share a room. He also let her know that he would give her a promotion to another department if she would show him her breasts on this “business trip”. When she refused to go on the trip where she would have to share his hotel room and be expected to show her breasts, she was demoted to the mail room and given a loss in pay. This was obvious, blatant, and she was being required to engage in sexual behavior in order to be promoted and, as it turns out, to even keep the job she had as an executive secretary.
Hostile Environment Sexual Harassment is more difficult to pinpoint and prove because there are often unclear parameters and requirements and the lines can be blurred. The general requirements to prove hostile...