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Stealing Time and Sexual Harassment

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Please analysis the case below. use internent soucres and site your sources.
answers the following questions pertaining to the case
Step 1: Situation Analysis
Step 2: Assumptions and Missing Information
Step 3: Statement of The Problem(s)
Step 4: Development of Alternatives
Step 5: Evaluation of Alternatives & Recommendations
Step 6: Implementation
Step 7: Evaluation and Control
Step 8: Conclusion

What ethics issues is the case dealing with? What is going on in the case? What issues are being addressed? Was she sexual harassed and was her termination justified?

"Oh no not this again," said Tom Moore, Director of Human Resources at Aerospace Designs. Just when I thought this mess was over, it rears its ugly head again. We'll we've got to do something and fast.

Aerospace Designs was founded in the early 1960's. A privately held company started by two engineers, it was deliberately designed to feed off the blossoming U.S. Military budget as the U.S. fought the Cold War. It became part of the supplier system to the massive Grumman contractor on Long Island.

The company became what would be describing as a "job shopper" house. AD would design various items based on specifications desired, or simply manufacture small lots of electronic based devices on a build to print basis. The primary items consisted of secondary power supplies, battery charges, proximity systems, and control panels for military (primarily aircraft) usage.

The company grew throughout the 70's and peaked in about 1985 employing almost 800 workers in its heyday. Through the late eighties and early nineties there were several rounds of layoffs.

Lola Meyer was above average in height, single, blonde, thirty-two years old with lingering aspirations to be a model. Having a four-year degree she obtained a position as a marketing assistant for aero design. Her boss was Frank Fast. Frank had reservations about hiring Lola but the Human Resources manager persuaded him to give her a chance. The company was predominately a population of white males and the hiring of minorities and woman would assist in the affirmative action goals. Marketing currently had no woman in the department.
Frank approved arrange for Lola to take courses related to the work that needed to be done as it became apparent that she lacked some skills necessary to be effective in her position.

Aerospace had a policy that dictated an annual performance evaluation for every employee. This hadn't been done in a timely matter for Lola. By the time January rolled around Lola's review was two months late. Frank discussed with the Human Resource Manager that he was not pleased with Lola's performance to date and would indicate such on the review. Frank became ill and needed to take time off for personal health. The review was written but not formally presented to Lola. Since it was now delayed nearly five months and it was apparent that Frank would be out for several months, the decision was made to have Mark Gurello who was overseeing in Frank absence to present Lola with the poor performance evaluation. She was rated overall with less than competent and was not given a salary increase.

Lola was both shocked and dismayed. She went to talk to the Human Resources Manager about her review. She admitted her inability to reach designated goals but stated that her performance was hindered due to items beyond her control. She also alleged that inappropriate conversations and behavior had occurred in the workplace. She accuses Frank of sexual harassment.

The allegations was investigated and it was determined that Lola performance was marginal and upheld her performance review as written. It also was determined that Frank did make inappropriate conversations and he was a written reprimand and was required to attend sexual harassment awareness training. Lola's supervisor was changed to Mark.

In July Tom Moore was hired as the new Human Resource Manager. When Frank returned he admitted to no wrong doing and felt the company investigation was unfair and that Lola performance continued to be inadequate.

A couple of months later it was determined that Lola was stealing time for the company. Her supervisor Mark was often away a lot and Lola would sign off on her own time card. In one case she indicated on her time card she was at work for two days but when someone questions her about it she said it was a mistake on her part. She meant to put that she had taken sick days. A coworker had spoken to her that day and had confirmed that she was at home sick and not at work. Another issue was that she called in sick one day and then a coworker said they saw her in the mall. Tom's investigation all these allegation and determined that it was true Lola was stealing time. She was fired due to falsification of her time card. Lola left in tears and a month later Tom received a papers from the attorney office that Lola was suing the company and Frank for sexual harassment.

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Solution Preview

Please analysis the case below. use interment sources and site your sources.
answers the following questions pertaining to the case
Step 1: Situation Analysis
There are some strong points for Tom Moore at Aerospace Designs. With respect to Lola Meyer it has evidence that she has falsified her time records. There was evidence to support that charge. Moreover, there was documentation that Lola's performance was inadequate. She had not been able to reach her goals and even subsequent investigations showed that her performance was substandard. Finally, there were witnesses that would testify that Lola had stolen time.
The weakness for Tom Moore is that the performance evaluation was delayed and was presented to Lola only five months after the due date. Moreover, Lola could bring in charges of discrimination as she was a minority candidate and a woman.
The Threats were that charges of discrimination could be brought against Aerospace Designs. Moreover, there could be bad publicity that Aerospace Designs would like to avoid.
The opportunities were that Aerospace Designs could claim that Lola had been fired at will ...

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Employment Law Sexual Harassment Scenario

- Based upon the scenario below, 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?

- Analyze the legal factors for the potential claim(s) in the context of the employee pursuing legal action against the employer.

- Let's shift gears. Using the same scenario, assume that you are in the HR Department of your organization, and that you were just presented with the scenario as an example used to explore policies and procedures that will avoid sexual harassment liability. Your boss has asked you to make preliminary suggestions (which will be presented to the legal counsel) regarding sexual harassment protocol that will avoid potential liability. What would your top five suggestions be and why?

Britney: My name is Britney Murphy and I was referred to your law office by my good friend Michelle. I wanted to consult with you about things that have been taking place at my job where I work as an executive secretary.

Lawyer: Nice to meet you Britney, why don't you tell me what has been taking place and we'll go from there? I will interject if I have any questions as you explain what has been taking place. Be sure to start from the beginning and to tell me everything that has taken place to give rise to your concern.

Britney: Sounds good, here we go: I was hired by a company call Personal Connections 'R' Us, Inc. as a receptionist in February 2002. My immediate supervisor was Duane Miller. Duane was in charge of all support staff. Because I answered calls for all 20 employees, I was constantly interacting with everyone on a regular basis. There was no formal dress code so I was able to wear whatever I wanted to work. I typically wore jeans, sandals, and tank tops. In my work area I had photos of myself and my boyfriend in our bathing suits from one of our vacations. I also had other pictures of my friends and family. One of the other employees Robert Singer would constantly stand in my work area and stare at the photos. It seemed that he was staring at the photo of me in the bathing suit. Twice he made comments about my chest that made me really uncomfortable.

Lawyer: Do you recall specifically what he said to you?

Britney: Not exactly, but he said something like your BEEP are amazing, I would love to see you in even less than what you are wearing in that photo. I laughed at that moment but then went in to the restroom and threw up because the comment made me so sick. The next time he made a similar comment I told him to stop because it made me very uncomfortable. In early 2006 I was looking for my picture, the one of me in my bathing suit. It was missing for a day. It appeared the next day back in my work area. I thought nothing of it at the time, then when I walked by Robert's computer I saw that my photo of me in my bathing suit was loaded as a screen saver on his computer. When I went into his computer, I found a file with my name on it. In that file he had computer altered my photo and the upper part of my body was exposed. I could not function. I called Robert a pig and told him to stay away from me. Robert in turn complained to Duane that I was not timely giving him his messages, which was totally untrue. I told some of my coworkers what I saw on Roberts's computer and the things he was saying to me but I was afraid to tell my supervisor. Finally, after several days of missing work because I was so upset about what Robert was doing, I finally told my supervisor.

Lawyer: When was that? Who did you tell and what did the conversation consist of?

Britney: Things get really interesting here. It was about two weeks after I saw the photo on Robert's computer that I went in to talk to Duane Miller, my supervisor. I told Duane everything that I told you. Duane did not react in any other way than to say "oh no, he is not up to the same stuff again, I cannot believe he has not learned his lesson". Although Duane told me that he would take care of it, nothing happened to Robert. He is still working there and is still making comments that make me uncomfortable. He did take the screen saver off his computer. I do not know if the file is still on his computer. I tried to look but there is now a password on his computer. I told Duane about two months ago that things had not gotten any better. Duane told me that he could talk more about it on a trip that he wanted me to go on. I never had to travel as part of my work requirements before. I told Duane that I preferred not to travel. Duane told me that I was expected to travel on the trip that was work related and that he and I would be sharing a room. He went on to tell me that he could transfer me to another division of the office which would be a promotion if I would show him my amazing breasts that Robert was making comments about during the trip where we would be sharing a room. I could not believe my ears, I told him "no way". I thought that was the end of it however last week I was demoted to the mail room and my pay was reduced. Things do not seem fair. Is there anything I can do legally?

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