Question

Consider the following fact pattern: Claimant, Stephanie Britton, was a young female employee working at the Florida Light and Power Authority. Several of the male employees commented daily on her tight fitting clothing. She was continually asked on dates by several of her male co-workers but she always refused, asserting that she was not interested in dating her co-workers. On several occasions, while on the job, she overheard her male co-workers engage in sexual conversations, most distressingly discussions about her body parts. She repeatedly told management about the sexual comments. The employer took no action to discipline the male employees or otherwise change the workplace environment.   She eventually quit the job but filed an action with the EEOC claiming that she was forced to leave the job because she was sexually decimated against.

Perform an internet based research inquiry. Find any relevant statutes and at least two precedent cases related to the fact pattern. If you were the EEOC claims’ officer hearing Stephanie’s case, what factor would you find most important in your review. Based upon the cases and statute do you believe that Stephanie will prevail in her claim? Why or why not?

(300 words in total) PLEASE DO NOT PLAGIARIZED, DO OWN, NO COPY AND PASTE

Answer 1

Hostile work environment is defined as “harassing actions that are so severe and pervasive that they alter the conditions of one’s employment.” (Lau & Johnson, p 264, 2017). It is the responsibility of the employer to provide a safe environment for the employee. There are many ways that a work environment can become hostile, in the case of Stephanie it is sexual harassment. According to her claim her employer took no action which resulted in her leaving her employment and filing a claim with EEOC. Based on the search conducted the most relevant statute is the FCRA act Section 760.10(1)(a) according to the state of Florida legislature website. KW v BG Limited, DP & DF [2009] QADT 7 (21 April 2009) and Nunan v Aaction Traffic Services Pty Ltd [2013] QCAT 565 are two cases related to the fact pattern where a hostile environment was created for the employer and the employee did not take action against it. If I was the EEOC, the most important factor would be that Stephanie reported the harassment during her employment and that it eventually led her to quit. I believe she will win the case because her employer failed to provide a safe working environment for her even after she reported the harassment.

References

Lau, T., & Johnson, L. (2014). The legal and ethical environment of business. Irvington, NY: Flat World Knowledge, Inc

Sexual Harassment Case Studies - Anti Discrimination Commission Queensland.” ADCQ: Sexual Harassment Case Studies. (2018 Apr 23)

Statutes & Constitution: View Statutes: Online Sunshine, (2018 Apr.23).