Case Study 2- Sexual Harassment
1. Based upon 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?
Brittany Murphy does have a viable claim as she has been constantly harassed by her male coworker as well as by her male supervisor. These men have made remarks regarding Miss Murphy’s appearance, uploaded pictures of her on computers without permission, and have enacted a quid pro quo situation for her to move up the company ladder. Miss Murphy supervisor retaliated by demoting her to lower position within the company for no appeasing to his requests.
This case holds concrete evidence of a sexual harassment which has been presented in a hostile work environment. Miss Murphy has also been punished for rebutting sexual advances toward her and been a victim of retaliation. Miss Murphy can end up winning her sexual harassment claim and be awarded punitive damages due to the pain and suffering here colleagues have caused her.
2. Analyze the legal factors for the potential claim(s) in the context of the employee pursuing legal action against the employer
Legal factors for the potential claim pursuant to legal action against the employer are the violations of constitutional rights of employees. In this scenario, Murphy is unfairly treated due to her gender, to the point of being harassed for being an ‘attractive’ woman. Murphy is treated as a sexual object by the two male employees whom utilize their current positions to seduce and have her enter a quid pro quo.
This case if taken to court would find the Employer to have violated basic civil rights of Murphy by having not appropriately handled or combat the actions taken by its two male employees. This would also allow Murphy to pursue compensation for pain and suffering as a result of the sexual harassment.
3. Your boss has asked you to make preliminary suggestions regarding sexual harassment...