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Essay / Sexual Harassment Case Study Quid Pro Quo - 1903
1. Based on the scenario, does the employee have a legally viable claim for quid pro quo sexual harassment and/or hostile environment sexual harassment? What is the likely outcome?Quid pro quo sexual harassment occurs when an employee is forced to engage in sexual activity in exchange for rights or benefits in the workplace. These benefits may take the form of promotions, raises or continued employment. It's pretty obvious and usually not difficult to recognize when this type of harassment is happening. (Bennett-Alexander, D. (0040). Employment Law for Business (7th ed.). McGraw-Hill Learning Solutions. Retrieved from http://devry.vitalsource.com/books/0077765451/id/P9-141)In This In this case, Brittany Murphy has a legally viable claim for sexual harassment as a quid pro quo. Dwayne, her boss, told her that she was going to have to go on a trip with him and share a room. Dwayne let her know that he might transfer her to another department, which would be a promotion for her if she showed him her tits during the trip. Because Brittany refused to go because she felt uncomfortable, she was not only demoted to the mailroom, but she also saw her pay cut. Dwayne's request was obviously a quid pro quo for sexual harassment, he requested "sexual activity" in exchange for a benefit, i.e. a promotion. It was blatantly obvious that Brittany not only had to engage in sexual behavior in order to get promoted, but also to keep the position she held as executive secretary. Where misunderstanding is normally very easy to recognize, sexual harassment in a hostile environment is more difficult to identify. It is more difficult to prove sexual harassment in a hostile environment because there are often unclear parameters and requirements and the lines...... middle of paper ...... for both the offender and the victim.E. Create a workplace guide with stricter guidelines for what is acceptable to display at your workstation or in your area. Once again, it is not a question of punishing the victim, but of giving everyone guidelines for maintaining a professional work environment and behaviors. Some people are immature and can't stand looking at a photo of a girl in a bikini without gawking or making inappropriate comments. At the same time, it's best to leave vacation photos at home. Some workplaces prohibit the display of most personal items in the workplace, such as photos of children, spouses, etc. Depending on the nature of the work, this policy may be more or less strict. A positive suggestion would be to not have a photo of you on your desk or in your workspace wearing anything you wouldn't wear to work..