BUS 120 Employment Law

Chapter 9 Homework

From the Powerpoints

1) Define sexual harassment. When an individual either harasses another
employee (or potential employee) in a sexual way creating a hostile work
environment or it occurs in a Quid Pro Quo type situation where a superior will offer
benefits to the employee in exchange for sexual favors. The genders and sexual
orientations do not matter.
2) When confronted with sexual harassment what other remedies are
there besides using Title VII of the Civil Rights Act and the Maine Sexual
Harassment statute? They can stop the harassment, punish the harasser
(shouldnt be disproportionate), they can move the harasser or the harassed (but
dont need to so long as it stops).
3) What are the requirements for a charge of sexual harassment to
exist? There must be evidence it is unwanted, it must create a hostile work
environment, and it must have been reported and nothing was done to resolve the
issue.
4) What is a hostile work environment? The environment created interferes
with the employees ability to perform their job, or they feel intimidated by the
behavior. It must also be pervasive or severe. A single instance is not enough to
create a hostile work environment.
5) What is the concept of vicarious liability? If an employee causes harm to
a third-party while the employee is in the course of employment. An example would
be a UPS driver sexually harassing a receptionist on his/her route.
6) What are some of the elements of a sexual harassment policy? 1) It
should take a top-down approach starting with top management (show dont tell).
2)Create content and distribute it regarding the sexual harassment policy and give
reporting an avenue around immediate supervisors. 3) Provide training so
employees recognize sexual harassment. 4) Ensure reports are taken seriously and
investigated quickly (only involve parties that are involved or are needed to resolve
the issue). 5) Take corrective action if needed. The punishment should fit the crime.
6) Follow up to make sure the behavior stays corrected and there is not backlash to
victims.
7) Can men be victims of sexual harassment? How? Absolutely. They even
made a movie about it. The sex of the victim nor their sexual orientation is of
concern. Only that a hostile work environment was created or a quid pro quo offer
extended.
8) Does using the term babe constitute sexual harassment? Why?
Gender specific pet names can certainly create a situation that makes sexual
harassment likely to occur. They carry with them a certain sexual familiarity. Best to
avoid these.
9) If off-color jokes are acceptable to everyone presently in the
workplace, should an employer still prohibit that type of behavior? Why?
As I recently learned yes. Just because everyone is comfortable with it now
doesnt mean anything. What if a new hire comes in that isnt. Suddenly you have
a hostile work environment that was encouraged (or at least not dissuaded). Lets
keep it professional people.
10) If an employee has participated in the offensive behavior, can he or
she later claim a hostile work environment? Yes, it is the exact example in
case 2. First, this would be a harder case to win, but it is possible, much like a love
contract. If the employee felt suitably intimidated and they participated in the
behavior out of fear they certainly would have a case even if it would be more
difficult to prove.

From the Text and Internet

11) Go to
http://www.mainelegislature.org/legis/statutes/26/title26sec807.html and
answer the following:
A) What are the elements of the Maine Law? All employers shall act to
ensure a workplace free of sexual harassment by implementing the following
minimum requirements. Workplace posting, Employee notification, Education and
training.
B) What training must be provided and when should it be conducted? In
workplaces with 15 or more employees, employers shall conduct an education and
training program for all new employees within one year of commencement of
employment that includes, at a minimum, the following information: the illegality of
sexual harassment; the definition of sexual harassment under state and federal
laws and federal regulations, including the Maine Human Rights Act and the Civil
Rights Act of 1964, 42 United States Code, Title VII, Sections 2000e to 2000e-17; a
description of sexual harassment, utilizing examples; the internal complaint process
available to the employee; the legal recourse and complaint process available
through the commission; directions on how to contact the commission; and the
protection against retaliation as provided under Title 5, section 4553, subsection 10,
paragraph D. Employers shall conduct additional training for supervisory and
managerial employees within one year of commencement of employment that
includes, at a minimum, the specific responsibilities of supervisory and managerial
employees and methods that these employees must take to ensure immediate and
appropriate corrective action in addressing sexual harassment complaints.
C) What must be posted at the employers work site regarding sexual
harassment? An employer shall post in a prominent and accessible location in the
workplace a poster providing, at a minimum, the following information: the illegality
of sexual harassment; a description of sexual harassment, utilizing examples; the
complaint process available through the commission; and directions on how to
contact the commission. The text of this poster may meet but may not exceed 6th-
grade literacy standards.
12) Go to the EEOC web page at
http://www.eeoc.gov/laws/types/sexual_harassment.cfm and go to
Statistics on the right hand side
a) In 2011 how many men filed a sexual harassment claim with the
EEOC? 1852.33 (16.3% of 11364 filed)
b) In 2011 what percentage of claims were denied by the EEOC? It was
53%
13) Please read Case Study 2 on ppg 437-8 and answer the case
questions on page 438.
1) Tell her to document everything she can remember. Reported the harassment to
the banks regional manager if one existed, reported to the owner if no regional
manager. If this did not warrant a response convince Vinson to go to the police.
Bank manager would be fired (its unprofessional to behave that way at work even in
a consensual relationship).
2) No. If she felt intimidated to comply it doesnt matter as it was still unwanted.
3) If I was the bank managers boss I would sit them down in separate areas/times
and have them document everything. This way you are more likely to get to the
truth.
14) Please read Case Study 3 on ppg 438-441 and answer the following:
A) Do you agree with the courts use of the reasonable victim standard?
Explain. Yes, I think it sets the bar of behavior where it needs to be.
B) Do you think the standard creates problems for management? If so,
what are they? If not, why not? No, because management can use the same
standard to gauge their own efforts to thwart sexual harassment.
C) Do you think Ellison was being overly sensitive? What would you
have done if you have been the supervisor to whom she reported
incidents? Well hindsight is 20/20. But Gray was exhibiting stalker qualities. Not
well understood at that time, but now that behavior is incredibly alarming.
D) In addition can you think of other remedies that Ellison could have
used? For example do you think she could have obtained a restraining
order against Gray? I dont think a restraining order would have worked. It rarely
does with stalkers.