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Issues in Sexual Harassment

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Use the following references:
http://www.tandfonline.com/doi/abs/10.1080/08924562.2005.10591145#.VR3fUvnF_nh
http://www.wrightslaw.com/law/caselaw/case_Davis_Monroe_SupCt_990524.html

Analyze the concept of sexual harassment:
Discuss actions that constitute sexual harassment in the education environment. How frequently does it occur?
Refer to case law related to sexual harassment in an education environment.
Describe schools' responsibility to end or prevent sexual harassment.

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Solution Preview

http://www2.ed.gov/about/offices/list/ocr/docs/ocrshpam.html#_t3d
https://www.legalzoom.com/articles/five-biggest-sexual-harassment-cases
http://legal-dictionary.thefreedictionary.com/sexual+harassment

Analyze the concept of sexual harassment.

The concept of sexual harassment entails the unwanted sexual advances, requests for sexual favors, and any verbal or physical conduct that seeks to submit a person to engage in unwelcomed sexual acts as a term of employment, to receive admission to college, for better grades, etc. and with rejection of this unwelcome conduct used as a basis for failing the student, denying admission, or engaging in other behavior that is discriminatory based upon the sexual harassment. Sexual harassment becomes harassment when this conduct creates an intimidating, hostile, and offensive environment that unreasonably impacts a student's ability to learn in a safe and secure environment as the harassment is used to purposefully make the person submit to the unwanted ...

Solution Summary

This solution answer various questions on issues about sexual harassment.

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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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