MGMT402 U2 IP - Research Paper Example

Consequently, the harassed victim is forced to file a complaint in the company’s grievance committee. Further, the victim’s not finding redress by submitting a complaint to the company’s grievance committee. The non-action or unfavorable action of the grievance committee may force the sexual harassment victims to file a harassment case in the courts of law. If the Equal Employment Opportunity Commission (EEOC) investigation shows the employer knew and did not prevent the supervisor’s harassment, the 1995 Auto Corp is has vicarious legal liability (Conte, 2010).

In the case of Ellerth and Fargher labor case, the Supreme Court reiterated the company has vicarious legal liability for the supervisor’s harassment of the workplace victims if two conditions are present (Dale, 2005). First, the company knows of the sexual harassment acts and refuses to take the appropriate action to stop the sexual harassment acts. Likewise, The Code of Federal Regulations Pt 1604.11 states that management is liable it did implement reasonable care to prevent the harassment.

Second, the victims sought the redress from the company’s grievance committee (GPO, 2007). Vicarious legal liability means the employer and the supervisor are liable for monetary damages. Further, the EEOC investigation team will implement the corresponding penalties on the guilty person and the employer, 1995 Auto Corp (EEOC, 2014). Similarly, management will be penalized for not doing its share to prevent workplace sexual harassment. Management is required to set into motion a grievance process for the abused employees.

Likewise management must implement preventive measures to reduce future sexual harassment acts (Conte, 2010). Furthermore, the company must prioritize mediation over litigation (Conte, 2010). Mediation (amicable settlement) is less costly than litigation. Mediation may take possibly one or more meetings to