Liability the Case With Virginia Case Study

An appellate court case that found the employer liable for hostile environment sexual harassment is Kunin v. Sears Roebuck & Co. Under this claim, Karen Kunin was sexually harassed by a male employee based upon the abusive and derogatory language that was used. Kunin did not report any abuse to her employer other than to asking if cursing was harassment. The U.S. Court of Appeals found that an employer must investigate and prevent sexual harassment in the mind of reasonable employers. The fact that a host of events occurred to Pollard is an indication of how Teddy's Supplies is liable for sexual harassment. As a result, this can be used to support Pollard's claim against the company. ("Kunin v. Sears Roebuck & Co," 2011)

Do you agree that Pollard was disparately treated? Why or why not? In your answer, define disparate treatment.

Yes, Pollard was disparately treated. This is when a person is handled differently from others inside the workplace. The fact that Pollard was targeted is a sign that she was the victim of this kind of behavior from her supervisors and coworkers. ("Disparate Treatment," 2012)

Does the existence of a sexual harassment policy provide a defense to Teddy's in this case? Why or why not? (Include the name and citation of at least two federal or state sexual harassment cases that provide precedent support to your defense statement.)

No, it does not. This is because case precedent has shown that employers have a responsibility to protect everyone. Evidence of this can be seen with the Supreme Court cases Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth. In both situations, the Supreme Court ruled that the existence of a sexual harassment policy is not enough. Instead, the employer must establish a safe work environment for everyone. ("Development of Sexual Harassment Law," 2010)

Provide three recommendations to the CEO for a way to ensure that employees in the future cannot claim "technical issues" for why they didn't make a complaint.Explain, in your recommendations, the legal consequences to an employee if they do not utilize the complaint mechanism of the sexual harassment policy.

Three recommendations include: having third party consultants investigate all claims of sexual harassment, having an anonymous survey that will allow employees talk about these issues and providing an email address on the web site (to anonymously report sexual harassment claims). The combination of these factors will create a number of avenues for discussing any kind of issues. If this were to occur, it will help to create a safe work environment through establishing different procedures to report and investigate potential abuse. If the firm does not utilize these practices: they will more than likely be the subject of future litigation under: Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth. ("Development of Sexual Harassment Law," 2010)

How would Pollard's case be impacted if her replacement had been a female? Would her case be different? Would her damages be different? Explain your answer.

It would have meant that another female would be exposed to even worse abuses. This is from a sense of arrogance and anger about the Pollard case. As a result, her situation will be similar to Pollard's by facing the same kinds of harassment. However, it will be worse because of the sense of vengeance directed at this woman. As a result, her damages would be more. This is because she is exposed to deliberate attempts to humiliate her in any way (because of the suit).

References

Development of Sexual Harassment Law. (2010). Cal State. Retrieved from:

http://www.calstate.edu/HR/SHLaw.pdf

Disparate Treatment. (2012). U.S. Legal. Retrieved from: http://definitions.uslegal.com/d/disparate-treatment/

What is Sexual Harassment. (1998). UMD. Retrieved from: http://www.president.umd.edu/legal/policies/def.html

Kunin v. Sears Roebuck & Co. (2012). Find Law. Retrieved from:

http://caselaw.findlaw.com/us-3rd-circuit/1211793.html.....