Human Resource Problems: Sexual Harassment in the Workplace
Each question needs to be answered in 600 words or more.
Please provide a full justification for your reasoning and references.
1. A woman hired as a prison librarian complained about
harassment by a supervisor from another agency that operated at the prison. The
behavior that was the subject of her complaint, some of which was witnessed by
other employees, occurred about four times a week from the time that she hired
in July 200 to October 2001. Her complaints about the supervisor included
making comments to another male supervisor that the woman should be
“spanked” everyday; making insistent compliments about her appearance
and “how attractive” she was; staring at her breasts during
conversations; measuring her skirt for the purported purpose of determining
whether it complied with the prison’s dress code; and repeatedly remarking that
if he has such an attractive wife, he would never allow her to work in a prison
around so many inmates. Allegedly, for safety reasons, the supervisor had a
security camera installed in the librarian’s office, permitting him to observe
her as she worked at her desk. Right after the objectionable conduct began, the
librarian complained to her immediate supervisor, who said, “boys will be
boys” and took no action. She did not file a formal complaint. She
believed that she was ineligible to file a formal complaint during her first
year of employment due to her probationary status. After she had been on the
job for more than a year, she complained to another manager and an internal
investigation was undertaken at that point. The woman sued. What should the
court decide? Why?
2. A 17-year-old female supermarket employee was being
severely harassed by a coworker. Twice she complained about the harassment to
her fiancé, who also worked at the supermarket. Twice the fiancé reported the
harassment to the store manager. Both times the manager informed him that under
company policy, the woman had to report the harassment herself and make the
report directly to the human resources department. The woman did not make the
report to the HR department and later sued. What should the court decide? Why?
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