Question

A single mother who suffered from depression was transferred to an office assistant position at a university. The transfer entailed a six-month probationary period. A professor at the university was her supervisor. During the probationary period, the professor sometimes leered at the woman, made sexual comments, and showed her a pornographic Web site. When the woman told the professor that she was not interested, he eventually ceased the activity. The professor also criticized her work and threatened to extend her probationary period. Two months after her probationary period had ended, the woman received a performance appraisal that she viewed as being unjustifiably negative. She believed that the criticism of her work was related to her failure to respond positively to the professor’s sexual overtures and that the way to avoid criticism and keep her job was to go along with him. Shortly thereafter, the professor requested sex from the woman and she complied. The two had sex in the workplace on numerous occasions over the next year. After unsuccessfully attempting to transfer to another position, the woman filed a harassment charge. The university immediately initiated an investigation and placed the woman on paid administrative leave to separate her from the professor. The investigators initially found insufficient evidence of harassment but recommended that the woman be transferred to a different position with a female faculty member as her supervisor. Later, when the woman provided certain physical evidence that she had been withholding, university officials confronted the professor and he resigned.

1. What should the court decide?
2. Why?

Answer 1

1. The court, in this case, has to prove the type of harassment that the woman has going through. It has to be proved in the court, that there is harassment in the workplace on the woman and due to which she is forced to file a complaint of harassment after her application for transfer to another place for transfer in another place has been declined. The investigations made by the university was not enough to prove the harassment. So, in court, it has to be proved by the woman that she has been sexually harassed by a supervisor professor and can submit proof of sexual comments passed on her, the pornographic website shown to her by him, the poor performance appraisal due to which she was compelled to submit before his sexual advances to have a report of good performance report about her work and the physical evidence that they have sex in the workplace on multiple occasions. The court by seeing this proof has to prove

a. Whether there is a sexual harassment

b. Whether the employer is aware of this act and has taken ways to control it

c.To punish the professor or culprit responsible for sexual harassment.

d.Whether the act was repeated frequently

The court should prove the professor as a culprit for sexually harassing the woman and should punish him accordingly.

2. The court has to prove that there is sexual harassment to safeguard the modesty of the woman, who has filed the complaint. To ensure a better and safe workplace environment for women workers. To set an example before the others i.e. the other should not do this type of conduct or else they will be punished. The court has to go through solid evidence like she has to submit herself to obtain a good report and in several circumstances, she had sex with him and that too within the workplace. The court must take adequate legal action for protecting the employees at the workplace from being exploited on the account and equal employment opportunity commission (EEOC). According to EEOC, no harassment including sexual type will be tolerated at the workplace.