lThere are two types of harassment: quid pro quo and hostile environment sexual harassment. Based upon the scenario, Mrs. Murphy has a legally viable claim for both quid pro quo and hostile environment sexual harassment against Personal Connections Are Us, Inc. Quid pro quo harassment occurred when the manager Dwayne Miller told Mrs. Murphy to accompany him on a trip in which they would share a room. He offered her a transfer to another department and a promotion if she exposed her breasts to him. She refused and was then demoted to the mailroom and took a pay cut. Hostile environment harassment occurred when Robert Singer, Mrs. Murphy's co-worker, made comments about her picture in which she had a bathing suit top on. He took it a step further by taking the picture and putting it on his screensaver on his computer and made obscene edits of the picture. The likely outcome will be that Mrs.
Murphy would win her sexual harassment case against People Connections Are Us, Inc.
Every claim should be treated seriously, no matter how unusual or seemingly frivolous it might first appear, until an informed decision can be made. The first step in an investigation usually involves an in-depth interview of the complainant. Areas that should be pursued during this interview include:- the cultural background of the complainant- a detailed reconstruction of the incident(s) that prompted the complaint- the context and circumstances in which it occurred- the involved parties prior relationship- the nature of the allegations against each individual in instances where incidents involved the participation of more than one person- the complainant's expectations regarding how the alleged offender should be disciplined.
The investigation then turns to getting the accused's account of events. In some instances, the accused may be angry when confronted with a sexual...