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. Dwayne, her boss, advised her that she was going to be required to go on a trip with him and share a room. Dwayne let her know that he could transfer her to another department, which would be a promotion for her if she would show him her breasts on the trip. Since Brittany refused to go because she felt uncomfortable, she was not only demoted to the mail room, she also had a decrease in her pay. Dwayne request was obviously quid pro quo sexual harassment, he requested a “sexual activity” in exchange for a benefit, aka promotion. It was blatant that Brittany was not only being required to engage in sexual behavior in order to be promoted but to keep the job she had as an executive secretary as well.
Where Quid pro quo is normally very easy to recognize, Hostile Environment Sexual Harassment is more difficult to pinpoint. It is harder to prove a Hostile Environment Sexual Harassment because there are often unclear parameters and requirements and the lines...
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...uch for the offender as it would be for the victim.
E. Create a workplace guide with stricter guidelines as to what is acceptable to display in your work station or area – Again, this is not to punish the victim, but to give everyone guidelines as to maintaining a professional work environment and behaviors as well. Some people are immature and cannot handle looking at a picture of a girl in a bikini without gawking or making inappropriate comments. At the same time, it’s best to leave vacation pictures at home. Some workplaces prohibit most personal items from being displayed in the workplace such as pictures of children, spouses etc. Depending on the nature of the work, this policy can be more or less stringent. A positive suggestion would be to not have picture of yourself on your desk or in your work space wearing something that you would not wear to work.
The “quid pro quo” harassment culprit is a boss or supervisor that gives certain employees below them benefits if they enter into a sexual relationship, or grant sexual favors to the boss/supervisor (Shaw, p.444). This form of sexual harassment is hard to argue, the suppressor is clearly taking advantage of the subordinate, because the subordinate is at risk for losing their job if they don’t participate.
Quid pro quo sexual harassment, also known as vicarious liability, is employment or employment benefits are given by a supervisor in exchange for unwanted sexual favors. There are six requirements for it to be considered sexual harassment. First, the victim must be a member of a protected class. Second, the complaint
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conducts of a sexual nature constitute (are) sexual harassment when: (1) submission to (agree to) . . . or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals, or (2) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile (threatening), or offensive working environment” (ENotes.com...
"Sexual harassment is a type of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, demands for sexual favors and other verbal or physical behavior of a sexual nature is inappropriate behavior when the behavior unequivocally or verifiably influences an individual’s employment, unreasonably interferes with an individual’s work performance or creates a scary, antagonistic or hostile workplace (Noe, 2011).” " Sexual harassment can be the point at which somebody feels uncomfortable or irritated in a sexual manner, for instance, this could be as a remark, joke, look, or motion. There are two noteworthy sorts of sexual harassment: Quid pro quo which is the point at which a man is punished for dismissing
The two types of sexual harassment recognized today are known as "quid pro quo" and "hostile environment". According to the EEOC guidelines, quid pro quo exists when "submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting such individual". Hostile environment exists when unwelcome sexual conduct greatly disturbs an individual and interferes with the individual's job performance. Hostile environment also creates an intimidating workplace for all employees. (EEOC Compliance Manual)
3. Provide the legal definition of "quid pro quo" (also known as "vicarious liability") sexual harassment. Provide one example of a behavior which could be found to be quid pro quo sexual harassment.
Anna’s claim comes under the broad rubric of the unlawful employment practice of sexual harassment which has become known as “hostile work environment” developed under Title VII of the Civil Rights Act of 1964:
Roberts, Barry S. and Richard A. Mann. ?Sexual Harassment in the Workplace: A Primer.? n.pag. On-line. Internet. 5 Dec 2000. Available WWW:
The sexual harassment clause is covered under this sex factor. There are two types of sexual advances. One, when the employer asks the employee to return sexual favors in condition to the employment. These favors could be verbal, non-verbal or physical. They could be of explicit or implicit in nature. This type of sexual harassment is called Quid Pro Quo sexual harassment under the law (EEOC, n.d.). The second type of sexual harassment is creating a non-friendly and non-working environment for the employee i.e. creating a hostile environment for work. In
Why should Lael get involved in reporting if she has not experienced any of the allegations the other employees are making?
Sexual Harassment is a prohibited conduct of inappropriate behavior in which an individual makes unwelcome sexual favors, requests, or any other form of verbal or physical acts in a sexual nature in which it creates a hostile environment to work in. any form of harassment that hinders or interferes with an employee’s work should be taken seriously and will not be tolerated.
According to a recent study, the causes of sexual harassment in the workforce can be exceedingly difficult due to the fact that employee’s are dependent on each other for team work and support, and are reliant on their supervisor’s approval for time off and career advancement. Supervisors and employers take advantage of their supremacy they have over their employees. Such closeness and intensity can distort the professional boundaries which lead people to cross over the line. The report also reported that Politics can be a catalyst, and problems caused by poor management, workplace bullying, frustration, and job/financial insecurity which creates a hostile environments. Furthermore, personal problems can also play a factor, and sexual harassment can be a symptom of the effects of life traumas, such as divorce, or death of a spouse or child (Sexual Harassment in the Workplace).
KANE-URRABAZO, C. (2007). Sexual harassment in the workplace: it is your problem. Journal Of Nursing Management, 15(6), 608-613. doi:10.1111/j.1365-2834.2007.00725.x
Sexual harassment in the workplace has been a huge problem in recent history. It can happen to anyone, and it can happen everywhere. It can affect all types of races, genders and ages. Statistics today show that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consumed covering sexual harassment because of the high-profile cases.
In today’s workplace, sexual harassment is a growing problem. The legal definition of sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. Another definition is the making of unwanted and offensive sexual advances or of sexually offensive remarks or acts, especially by one in a superior or supervisory position. Women and men of all ages, backgrounds, races and experience are harassed on the job. Sexual harassment encountered in workplaces is a hazard across the world that reduces the quality of working life, jeopardizes the well-being of women and men, undermines gender equality and imposes costs on firms and organizations.