Human Resources Management - Term Paper

Homework: Term Project

Human Resource Management

Dr. Harvey Weiss

October 6th, 2011

Body

Case Study: “Misplaced Affections: Discharge for Sexual Harassment”

1. Evaluate the conduct of Peter Lewiston against the EEOCs definition of sexual harassment.

There are two major types of sexual harassment that the EEOC recognizes. The main focus of the Case Study is going to be on their second type of harassment: hostile environment can occur when unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment. (EEOC. 2011) Based on the allegations brought by Ms. Beverly Gilbury, the relationship started out as a harmless crush, but escalated to an unwanted infatuation. Until Mr. Lewiston actually laid his hand on her, there was nothing wrong with how he pursued her. There is nothing wrong with love notes and flowers. Just because someone is infatuated, does not mean there is a sexual harassment case.

2. Should the intent or motive behind Lewistons conduct be considered when deciding sexual harassment activities? Explain.

They should be completely taken into consideration. If employee “A” was to place a hand on employee “B”, it could mean a signal for congratulations, a way to get “B”’s attention, or it might not mean anything at all. However, if employee “A” had emotional feelings for employee “B” the touch can be misconstrued as employee “A” trying to make a “move” on employee “B”. If employee “B” is okay with this, there is nothing wrong, but if employee “B” has to repeatedly employee “A” to stop, there could be grounds for a sexual harassment suit.

3. If you were the districts EEOC officer, what would you conclude? What disciplinary action, if any, would you take?

Based on the allegations brought forth by Ms. Beverly, I would say that there is a case for sexual harassment. The only way otherwise would be if there are any eye witnesses that can...