Business Law: Eeoc and Title Vii Laws on Sexual Harassment at the Workplace

Legal Memorandum:- Sexual Harassment: Did Sexy Prank Kill promotion?

Swentek v. US AIR, Inc. 830 F2d 552(4th Cir.1987)

Facts: Betsy Ann Swentek, a flight attendant, sued US AIR alleging sexual harassment perpetrated by Jon Ludman, a pilot. She claimed that Ludman grabbed her genitals, made various sexual remarks and exposed himself to her. Swentek failed to report the harassment to her employer/supervisor.

Issue: Whether US AIR is liable due to Ludman’s conduct although it had no actual or constructive notice of the harassment.

Decision: No

Reasoning: Under Title VII’s sexual harassment policy, an employer is liable for harassment by a supervisor whether the employer knew of the harassing activity or not. If the harasser is a co-worker, the employer is liable only if it knew or should have known about the harassment and failed to take immediate remedial action. Swentek will be unable to recover against US AIR because Ludman was not Swentek’s supervisor but rather a pilot who worked with Swentek. For US AIR to have actual notice of harassment and be held liable, it must be notified of the harassment, be a witness of it, or the matter is so pervasive it becomes aware of it. Swentek never reported Ludman’s sexual conduct to her supervisor.

Henson v. City of Dundee, 682 F.2d 897(11th Cir. 1982)

Facts: Barbara Henson was a police dispatcher who sued the City of Dundee alleging being subjected to demeaning sexual vulgarities and inquiries by Sellgren, the chief of police. Sellgren had also continuously requested sex from Henson. When she refused, he forced her to resign because she violated a minor office policy by bringing food into the dispatch room.

Issue: Whether Sellgren’s explicit demands for sexual favors interfered with Henson’s employment and created a hostile environment.

Decision: Yes

Reasoning: Title VII states that unwelcome request for sexual favors is sexual harassment when it has the purpose or effect of unreasonably interfering with a...