Sexual Harassment Case Studies…

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 Sexual Harassment Case Study 1  Sexual Harassment Case Study 3
 Sexual Harassment Case Study 2   Sexual Harassment Case Study 4

Kelly was a production assistant at a TV station in a big city. Together with a videographer named Jim and a popular reporter named Bill, she helped produce segments for the nightly news.

Kelly loved her job, but felt uncomfortable when her colleagues made derogatory remarks about women's bodies, told sexually explicit jokes, and treated her like "one of the guys."

When Kelly complained and asked them to stop, they told her "get with the program" and stop whining. Bill told Kelly that she was lucky to have her job and that countless people would be happy to take her place. Kelly knew this was true and stopped complaining. Soon afterwards, Kelly found Bill and Jim watching a pornographic movie in the office. Realizing that Bill and Jim were not going to change their behavior on her account, and that she could no longer work in what she considered a hostile work environment, Kelly resigned. A few months later, she sued the station for sexual harassment but lost.

In the case of Burlington Industries, Inc. v. Ellerth, the Supreme Court found that employees who sue for sexual harassment have much weaker cases if they do not act reasonably by following employers' anti-harassment policies. The TV station successfully defended itself against Kelly's lawsuit by demonstrating that not only did they have a strong policy in place to prevent, investigate and correct sexual harassment, but that every employee, including Kelly, attended a mandatory seminar on the policy when hired.

They also showed that Kelly's career had not suffered as a result of the harassment, and that her colleagues had not asked for or received sexual favors in exchange for promotions or other job benefits.

Page Contents
 Sexual Harassment Case Study 1  Sexual Harassment Case Study 3
 Sexual Harassment Case Study 2   Sexual Harassment Case Study 4

Sexual Harassment Case Study #2

Michelle is a high school junior in a small city in the Midwest. She has always received a lot of attention because she is both bright and beautiful. Michelle's parents are hard-working people who look forward to sending their gifted daughter to college.

They are very pleased when she takes a special interest in a college prep class and gets excellent grades, staying after school to study and working late at the library.

But they worry when her other grades fall, and when they try to talk to Michelle, she seems secretive and withdrawn. Puzzled, Michelle's mother calls the family doctor to ask if her behavior is normal. He mentions Michelle had recently been in, requesting a prescription for birth control pills. Confronted, Michelle admits to an affair with the teacher of the prep class. Outraged, Michelle's parent's contact a lawyer and file a federal lawsuit against the school district for sexual harassment.

No. If Michelle or her parents had notified the school district before filing suit, and officials did not try to remedy the situation or ignored the complaint, the case would be sound. But the Supreme Court recently ruled (Gebser vs. Lago Vista Independent School District) that school districts cannot be held responsible if they are not aware that an employee is sexually harassing or abusing students. This does not mean, however, that Michelle's parents cannot sue the teacher directly or the district under applicable state laws.

Page Contents
 Sexual Harassment Case Study 1  Sexual Harassment Case Study 3
 Sexual Harassment Case Study 2   Sexual Harassment Case Study 4

Sexual Harassment Case Study #3

Sue was thrilled when she got a job as an assistant basketball coach at a prestigious private university. The women's basketball team had just completed an outstanding season, finishing second nationally. Hopes were high that this year they would be #1, and Sue wanted to help them succeed.

Two weeks into her new job, Sue's boss Lorna made it clear that she did not want or need an assistant coach. Lorna told Sue to stay out of her way and busy herself with office duties. When Sue pointed out that she was not hired as a secretary, Lorna was livid.

Lorna accused Sue of wanting to get "close" to the team. She humiliated Sue by calling her "Sweet Sue" and making derogatory comments about her appearance in front of the team. One day Sue found a pornographic magazine on her desk, with a note reading "Sue's study guide." Fearful of reprisal, Sue asked Lorna to stop but did not report the harassment to management.

Soon afterwards, Lorna grabbed Sue and forcibly kissed her. Sue went straight to university officials and complained. They told her they were sympathetic to her situation, but could do nothing. They reasoned that women cannot be sexually harassed by other women, only men. Besides, Lorna was the reason for the basketball team's success, and without her they had no chance at the top slot. Sue was advised to ignore the harassment or find a new job.

Absolutely. In the case of Oncale v. Sundowner Offshore Services, Inc., the U.S. Supreme Court ruled that people can be sexually harassed by individuals of the same or the opposite sex. This ruling supports Title VII of the Civil Rights Act of 1964, which does not say that harassment can only occur between individuals of different genders. But in its ruling, the Court made clear that employees claiming same-sex harassment have the burden of proving that the harassment was based on gender. Currently, there is no federal law that prohibits harassment based on sexual orientation, but many states do have such laws.

What could the employee do?
What should management do?
What could the observer do?

Page Contents
 Sexual Harassment Case Study 1  Sexual Harassment Case Study 3
 Sexual Harassment Case Study 2   Sexual Harassment Case Study 4

Sexual Harassment Case Study #4

Rob is a software engineer at a successful company. Like his colleagues, Rob sends and receives dozens of email messages everyday. The vast majority are work-related, with the occasional personal note from parents or an old friend. Though the company discourages personal use of email accounts, everyone does it. Lunch invitations, office gossip and social announcements are routine.

One day Rob receives an intriguing message labeled "You..." from an unidentified source. When the rest of the message reads, ." ..turn me on," Rob wonders who sent it. Though attractive, Rob is currently single and has been for some time. A few days later, Rob receives another message from the mysterious source, this one an embarrassing description of his physical attributes. Irritated, Rob ignores the unwanted attention and hopes that it will stop. Instead, the messages occur more frequently and get more offensive.

Rob has trouble concentrating on his work as he wonders who is harassing him and why. He feels uncomfortable in the office and views his co-workers suspiciously. He considers telling his supervisor, but worries about being teased or labeled a troublemaker. When he confides in a co-worker, she tells Rob that he is lucky to have a "fan."

Analysis

Corporate America has become increasingly dependent on email and internet access to do business. But this brave new world of electronic communications opens a Pandora's Box of security headaches and potential liability for companies. Recent Supreme Court decisions state that employers can be held responsible for sexual harassment in the workplace, even if they don't know about it, yet most do not have the desire or resources to monitor office email.

Like regular mail, people tend to consider email personal, and some companies are reluctant to violate this "zone of privacy." With email harassment on the rise, how can businesses protect their bottom line while respecting employee rights? Employers need a strong, proactive policy designed to prevent, correct and eliminate sexual harassment and must educate employees on the policy. Ignorance is no longer an acceptable defense.

• What could the employee do?
• What should management do?
• What could can observer do?
• How much do you know about sexual harassment?
• What are the facts?
• What actions can you take?
• What do recent court rulings mean to me?