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Hrm 593 Sexual Harassment Case

In: Business and Management

Submitted By Oreasa
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Sexual Harassment Case Ms. Murphy has a viable claim for both a hostile work environment and quid pro quo against Personal Connections Are Us, Inc. The hostile work environment was caused by Mr. Singer’s behavior toward Ms. Murphy’s photo and figure. His comments about her chest and stealing and altering her photo for his screensaver caused Ms Murphy to feel uncomfortable and violated. This behavior is the very definition of a hostile work environment. The quid pro quo aspect to of this claim was filled by Mr. Miller when he offered to give Ms. Murphy a promotion in exchange for a sexual favor on her part. When she refused and was summarily demoted, this solidified the quid pro quo standard. Ms Murphy has a right to take legal action against her employer for the behavior of both Mr. Miller and Mr. Singer. There is clear evidence of sexual harassment against Ms Murphy, and the company will more than likely have to pay out damages to her. She can file for compensation for future economic loss, loss of enjoyment of life, and back pay. After Ms Murphy has established that harassment has indeed occurred in the workplace, the burden of proof shifts back to the employer to prove the harassment has not happened. In this situation, the employer will have a difficult time disproving her harassment case. Cases like these can be prevented with clear harassment policies. Policies that clearly define unacceptable behavior in the workplace and activities that would be considered harassment make it clear to employees what is acceptable in the workplace. This will limit the confusion among employees and limit the amount of incidences that can take place. Employees will need to be trained on a regular basis, preferably annually, on the definition of sexual harassment and its consequences. The consequences of sexual harassment need to be clearly defined in the policy, and the policy must be strict and understood by employees. A zero-tolerance policy is highly recommended. Adopting a clear dress code will be helpful as it encourages a professional work environment. In addition to the clear-cut policy, employees need to feel comfortable coming forward about any complaints of sexual harassment. If they fear retaliation from their coworkers, they will not feel comfortable coming forward with information until the damage is irreparable. Monitoring the workplace is highly advised as well. It gives supervisors a chance to gain trust from their subordinates and get a feel for what happens on a day to day basis. Supervisors will be required to take all complaints seriously. It will encourage employees to take sexual harassment seriously, as well, and limit the number of incidences that can occur. If one can get all employees on board with a clear understanding of the implications of a sexual harassment claim, a more positive working environment can be formed. A positive, organized work environment is the most preferred work environment and produces the least amount of problems for all involved.

References
Domestic Legal Framework. (2007, July 13). Domestic Legal Framework. Retrieved November 17, 2013, from http://www.stopvaw.org/domestic_legal_framework.html
Guerin, L., J.D. (n.d.). Preventing Sexual Harassment in the Workplace. Nolo.com. Retrieved November 17, 2013, from http://www.nolo.com/legal-encyclopedia/preventing-sexual-harassment-workplace-29851.html
Quid Pro Quo Sexual Harassment. (2007, April 15). Quid Pro Quo Sexual Harassment. Retrieved November 17, 2013, from http://www.stopvaw.org/quid_pro_quo_sexual_harassment
Understanding Workplace Harassment. (n.d.). FCC Understanding Workplace Harassment. Retrieved November 17, 2013, from https://www.fcc.gov/encyclopedia/understanding-workplace-harassment-fcc-staff

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