Best Company Ever Inc

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Assume that you are the head of employee relations at Best Company Ever, Inc. (or BCE for short).BCE provides all employees a handbook that details the companys zero tolerance sexual harassment policy and instructs employees to immediately report any incidents of sexual harassment to a manager or supervisor, BCEs HR Department, or through the companys compliant hotline.Anne, a manager in the Sales Department, walks by Bruces desk and jokingly tells Bruce that she wouldnt mind if he forgets to wear a shirt to work the next day. Bruce, shocked, smiles but otherwise pretends not to have heard and keeps working. Although the office is crowded, no one is close enough to have overheard Annes comment to Bruce. From then on, Anne makes similar comments to Bruce whenever they are alone in the office or no one else is close by. Bruce does nothing, thinking it is only a matter of time before Anne, who is incompetent by all accounts, is replaced.After six months, Bruce is terminated for poor performance. During his exit interview, Bruce recounts all of Annes past actions to the HR representative conducting the exit interview and states that BCE should takes steps to ensure the next supervisor is less disgusting. The HR representative who conducted Bruces exit interview comes to you with this complaint.QuestionsDoes Bruce have a potential claim for sexual harassment against BCE and/or Anne?Explain why or why not.Support your answer with citations to the reading materials or lecture.

Sample Solution

Does Bruce have a potential claim for sexual harassment against BCE and/or Anne?

Maybe, but it’s a weak claim.

Here’s why:

  • Severity of Harassment: The comments, while inappropriate, might not reach the level of severity typically required for a sexual harassment claim. Courts consider the frequency, nature, and severity of the conduct. Anne’s comments, though repeated, seem verbally suggestive rather than physical or explicit.

  • Unwelcomeness: Bruce never explicitly told Anne his discomfort. While a shocked smile might imply unwelcomeness, a stronger case would involve verbal or written complaints.

  • Impact: Bruce endured the behavior for six months before complaining, which weakens the claim of a hostile work environment.

  • Reporting: BCE has a clear zero-tolerance policy and provides multiple reporting avenues. Bruce didn’t utilize them, potentially hindering his case.

However, there are some factors that might work in Bruce’s favor:

  • Repeated nature: The continuous comments over six months could be seen as a pattern of harassment.

  • Power Imbalance: Anne, as a manager, has authority over Bruce. This power dynamic could be used to argue that Bruce felt pressured to tolerate the behavior.

BCE’s Potential Liability:

  • Failure to Report: If Bruce can show he was unaware of the reporting channels or felt pressured not to report, BCE could be liable for failing to take action.

Overall:

Bruce’s claim is weak, but not entirely without merit. It would depend on the specific details of the case and how aggressively he pursues it.

It’s important to note:

  • This is not legal advice.
  • Sexual harassment laws can vary by jurisdiction.

Further Considerations:

  • Bruce might have a stronger case for retaliation if he can prove the termination was linked to his complaint during the exit interview.

In conclusion:

BCE should take all complaints of sexual harassment seriously and encourage prompt reporting. This helps protect employees and the company from potential legal issues.

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