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Business Law question: Your business is being sued by Emily, a former employee, who claims that...

Business Law question: Your business is being sued by Emily, a former employee, who claims that she was sexually harassed by one of your other employees, Frank.

Your business has a written employee policy manual that makes it clear that sexual harassment will not be tolerated at your workplace. It also designates one of your other female employees, Sarah, as the designated reporting person for reporting any incidents sexual harassment.

Frank admits that one day, he flirted with Emily, and asked her for a date. But he doesn't believe that anything that he said or did rose to the level of sexual harassment.

Emily says that Frank did sexually harass her, one time, on one day. She found the incident so upsetting that she immediately quit her job. She did not report the alleged sexual harassment to Sarah, nor to anyone else at your business, before she left.

Emily is now suing your business for sexual harassment, and for wrongful termination based upon a legal theory of constructive termination.

Go to the discussion area and answer the following questions:

1. Can Emily successfully recover damages against your business for sexual harassment? Why?

2. Can Emily successfully recover damages against your business for wrongful termination? Why?

3. What actions, if any, should you take against Frank? Why?

Expert Solution

Organizations those are having policy like Whistler Blower, Sexual Harassment Equal events are concerned about equality among their employees. Here in this case as Emily as per her words were sexually harassed by his colleague Frank. Due to this reason she felts bad and quit her job, without raising any action against Frank as per the policy.

She comes back by filing case against the company over the sexual harassment etc.

1. Knowing all facts Organization has complete policy and manual as well as procedures in place to tackle all these issues at business level. Secondly Emily also has right to use that same. She filed case against company for sexual harassment without reporting the incident to the designated reporting person in this regard.

Just Frank has admitted his last actions doesn’t held against convicted in law unless he has given opportunity to present his actions that day.

On complete evaluation of whole scenario Emily actions is not tenable in law and will not able to recover damages from our business for sexual harassment.

2. Due to some unwanted actions or behavior of Frank cause her to quit her job on her own. Quitting on oneself will never be regarded as wrongful termination. Hence Emily will not be successful to recover damages against wrongful termination.

3. Every actions has its repercussion so here Frank must be given warning as “ Last Warning” secondly if any compliant against him will be raised at any level will not spared. Management will take expedite action against the same and as well as recover penalty in monetary terms also.

Above actions is important in above scenario because just because of his behavior Business already faced suit file in Sexual harassment which will degrade the brand name of the company.

Above actions for Employees Safety , Business growth etc.

ekkarill92 answered 2 years ago

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