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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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Smith sued Company X for sex harassment and retaliation. What will be the result and why?

-- Smith will prevail in a sexual harassment lawsuit. Jane claims that a female co-worker was touching her and making sexually inappropriate comments. According to the EEOC, sexual harassment includes "unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature" (EEOC, 2013). The victim or harasser can be a man or woman. It is a common myth that a woman can't be charged with sexual harassment, particularly when the victim is also a woman. The relationship between the victim ...

Solution Summary

This solution explains the Jane Smith sexual harassment in the workplace case. All points are addressed, and the appropriate laws are referenced. A thorough discussion is provided. 2 references included.

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