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Sexual Harassment and Retaliation

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Research sexual harassment and retaliation cases. Provide a timeline and a narrative of the cases that set legal precedence in the areas of retaliation and sexual harassment. Discuss how these cases have shaped Human Resource Management policy and planning. Response needs to be at least 1,000 words; include citations and references.

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In accordance with BrainMass standards, this is not a hand in ready assignment but background help.

Step 1
We first consider the US Supreme Court cases that have formed the sexual harassment and retaliation policy.
In Meritor Savings Bank v. Vinson 1986
The US Supreme Court recognized that sexual harassment is a violation of Title VII. The court supported the EEOC's policy and guidance on sexual harassment.
In Harris v. Forklift Systems, Inc, 1993
The US Supreme Court held that the victim of sexual harassment did not have to prove concrete psychological harm to establish a Title VII violation.
In Faragher v. City of Boca Raton, 1998
The US Supreme Court has held that employers are liable when sexual harassment has led to tangible employment action directed against the harassed employee. The court also held that affirmative defense can be claimed by the employer if the employer can show that it had taken no tangible action against the employee. Also, the employer must establish that the employer had established and communicated an effective procedure for employees to seek redress from sexual harassment and the employee had failed to take advantage of this procedure (a).
In Oncale v. Sundowner Offshore Services, 1998
The US Supreme Court held that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII. However, the court held that the victim must establish that the harassment was severe and there was discrimination because of sex.

Step 2
The other cases that set a legal precedence in the area of retaliation and sexual harassment are as follows:
Williams v. Saxbe, 1976: The court recognized sexual harassment as a form of sexual discrimination when sexual advances ...

Solution Summary

This solution explains cases that form sexual harassment and retaliation policies. The sources used are also included in the solution.

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Sexual Harassment and Retaliation in the Workplace

Jane Smith complained to the human resources department that a female co-worker was touching her and making sexually inappropriate comments. The co-worker's touching and comments did not stop. Two days after the initial complaint to her employer, Smith filed an EEOC charge of discrimination. Company X tried to resolve the charge through mediation; but that effort failed. Within a week of the failed EEOC mediation, Smith was fired for allegedly using language that threatened violence against the company. Smith sued Company X for sex harassment and retaliation. What will be the result and why? Will she succeed in sexual harassment lawsuit? Why or why not? Does she have a valid retaliation claim? Why or why not?

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