Sexual Harrasment Claims

1. Based upon 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?

Brittany Murphy certainly has a legally viable claim for quid pro quo sexual harassment and hostile environment sexual harassment. When benefits are offered or taken from an employee by a harasser in exchange for sexual activity this behavior is considered quid pro quo sexual harassment. In this situation, quid pro quo sexual harassment can be brought against Ms. Murphy’s boss for demanded that she travels and stay in the same hotel room as him. As a result of her refusal she was demoted to the mailroom and her salary was decreased. Ms. Murphy also has a viable claim for hostile environment sexual harassment against her boss and her co-worker. In regards to her boss, the mere fact that he stated that he would love to see her “amazing breasts” that a colleague of his told him about opens the door to a hostile working environment. Ms. Murphy also has a viable claim for hostile environment sexual harassment in regards to her co-worker who has made numerous sexual comments concerning her breasts. When the behavior of the harasser towards the harassee is unwanted and is also based on the harassee’s gender this is considered to be a hostile environment sexual harassment. Ms. Murphy informed her co-worker that he was making her very uncomfortable with his comments and that he should stop. Instead of honoring her request he violated her privacy by stealing her photo and uploading it as screensaver on his computer. This situation is very clear cut to me. The most likely outcome of this situation is that the employer will be held liable and will have to pay punitive damages to the victim.

2. Analyze the legal factors for the potential claim(s) in the context of the employee pursuing legal action against the employer.

3. Let's shift gears. Using the same scenario, assume...