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Business Law exam 2 - Essay Example

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These sexual motives were based on gender as the employee in question was a female while the initial advances on her came from a male employee. Being…
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Business Law exam 2
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Download file to see previous pages This indicates that the female employee was not being pressurized through organizational apparatus to socialize with the male employee. There is some indication to the creation of a hostile environment by the female employee herself by socializing with a male employee in this fashion. The female employee’s adverse reaction to the male employee’s advances changed the situation altogether. She was denied fair compensation and pay raise for her work. There is little explanation for the sudden fall in her quality of work from the company’s end making coercion through official apparatus a strong possibility. The lack of response from the human resources department especially its lack of providing a sexual harassment mechanism to deal with the situation is also clear. This also serves to indicate that employer and his other agents were fully aware and complacent over the situation. The female employee had to seek psychiatric assistance in order to resolve her issues, which in turn indicate grievous damage to herself. Such conduct had both a “deleterious” as well as “severe and pervasive” effect on the female employee without doubt. Furthermore, the harassment occurred during employment which makes the employer vicariously liable. The move by the male employee to settle down the situation by offering greater rewards also casts doubt on the male employee’s motives.
Given the circumstances of the case, it is clear that sexual harassment laws apply to the case. The employer’s attitude of ignoring complaints made by the female employee means that the tort of Constructive Damage has been set in motion. On another note, it is clear that although sexual undertones and overtones may have existed in the organization but these were latent only. In this fashion, such sexual tones cannot be considered as hostile environment. Furthermore, the female employee’s outstanding performance in the first six ...Download file to see next pagesRead More
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