Human Resources - Sexual Harassment Let us get a brief overview of sexual harassment in order to discuss the sexual harassment scenario in a better way. Ellis-Christensen (n. d.) states, “Sexual harassment is unwanted conduct of a sexual nature”. Sexual harassment is an act of trying sexual acts with a person without the will of that person. Staring at the opposite gender and touching sex organs of another person both fall into the category of sexual harassment. Employee’s Claim In quid pro quo, a person gives some services to another person in return for some valuable offer (Pollick, n.d. ).
The claim is viable for quid pro quo sexual harassment because Mr. Miller, who was the immediate supervisor of Ms. Murphy, asked Ms. Murphy to show her breasts to him to get promotion. On the other hand, the claim is also viable for hostile environment sexual harassment because a hostile environment is one in which a person creates an abusive or uncomfortable work environment for some other person. Display of pornographic material is one of the major examples of a hostile work environment (Anonymous, 2007).
Mr. Signer used to pass on abusive comments to Ms. Murphy, due to which Ms. Murphy started feeling uncomfortable at the workplace. Moreover, he made unlawful use of one of her photos, which was also a very annoying act for Ms. Murphy. Therefore, we can say that the employee has a legally viable claim for quid pro quo sexual harassment as well as for hostile environment sexual harassment. Likely Outcome At this point, the only thing that can go in favor of Ms. Murphy is the photo, which is there in the computer of Signer.
If the authorities find that photo in his computer, trouble will arise for Signer. However, there is no proof of the conversation that took place between Ms. Murphy and her supervisor. Ms. Murphy will have to prove this conversation in order to get a positive outcome. Legal Factors One of the major factors is Title VII of the Civil Rights Act 1964, which authorities need to analyze properly. Along with that, authorities also need to analyze other legal factors, such as, proof of the abusive conversation and the reason behind demotion of Ms.
Murphy in order to take a legal action against the employer. Suggestions My top five suggestions regarding sexual harassment protocol that will avoid potential sexual harassment liability include: 1. The top management should develop of a policy to eradicate harassment and sex based discrimination against female employees. The management should expel such employees from the job immediately, who harass any other employee sexually. 2. The management should give proper training and education to all employees regarding exhibition of good moral and workplace ethics. 3. The management should encourage employees to report sexual harassment incidents to female officials instead of males. 4.
The management should take effective measures to ensure safety of employees. Installation of security cameras at the workplace will be a very effective technique to prevent the cases of sexual harassment. When the employees will have in their minds that the cameras are recording their activities, they will not show any kind of bad behavior. 5. There should not be a female employee working alone anywhere in the office. The management should appoint two female employees everywhere. In this way, male employees will not get the chance and courage to pass sexual comments to a female employee. References Anonymous.
(2007). Sexual Harassment that Creates a Hostile Work Environment. Retrieved from http: //www. stopvaw. org/sexual_harassment_that_creates_a_hostile_work_environment. html Ellis-Christensen, T. (n. d.). What is Sexual Harassment? . Retrieved from http: //www. wisegeek. com/what-is-sexual-harassment. htm Pollick, M. (n. d.). What is Quid Pro Quo? . Retrieved from http: //www. wisegeek. com/what-is-quid-pro-quo. htm