Analysis Of EEOC Vs. Federal Express

Superior Essays
Register to read the introduction… Federal Express (1995). A courier was harassed by a customer on her route. The customer made such comments as saying she looked better without any clothes on and repeatedly asked her out on dates. She brought this issue up with her supervisor who wrote to the customer asking him to refrain from ?any future conduct that could be perceived as offensive or intimidating?. The harassment continued and the whole building, not just the tenant was taken away from her route. The courts ruled in favor of the employees even though the company had taken action to end the harassment. The courier was awarded due to the fact that no replacement building was given to her, which resulted in a loss of pay. The court stated that she was ?in effect, punished for her …show more content…
Costle. The plaintiff rebuffed her director?s repeated sexual overtures. She ignored his advice that sexual intimacy was the path she should take to improve her career opportunities. Her job was abolished. This is a perfect example of ?quid pro quo? in which the victim was ruled in favor of.

The more common form of sexual harassment a hostile environment. This refers to sexual conduct that unreasonably interferes with an employee?s performance at work or creates an intimidating, hostile, or offensive work environment. An environment can include another person, areas, or inanimate objects. Sexual jokes, leering, and showing pornographic materials are all examples of a hostile work environment.

Sexual harassment mainly exists due to the harasser?s abuse of power. Sexual harassment is not always about sex. It is more of an issue of power and the abuse of power. People often stereotype the victim as subservient and powerless. Employers are responsible for actions of all employees even if they are unaware of the behavior. Employers will also be liable is if they fail to take appropriate action within its control once it knows or has reason to know of the harassing. They cannot claim they did not know because the employee did not tell them. There is no such thing as taking ?no action?. Doing nothing can have huge legal
…show more content…
Someone can still comment on how nice someone looks or tell a sexual joke. The Supreme Court allows for sexual talk up until an employee is discriminated against. The key ingredient of sexual harassment is some form of sexual content and discrimination. This is unfair treatment of employees because of their sex. Sexual content does not necessarily mean unfair treatment, such as a sexual joke. People need to realize the extent of comments and jokes that they can tell around certain people. Some get offended more easily than others. What constitutes sexual harassment to one person may not be sexual harassment to

Related Documents

  • Superior Essays

    The plaintiff complained to the President of RCC, Larry K Linker regarding the harassment against her by Edwards and demanded a full-year contract instead of the two-month contract. (Sounds like a threat). The President told her…

    • 1126 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    In this case, plaintiff Sara Bellum failed to prove that Ms. Wisdom’s alleged legitimate reason was a pretext for discrimination. There is no proof that Barbara Wisdom stole/hid the money from Sara Bellum’s cash drawer, and there is no preponderance that Barbara Wisdom’s decision to terminate Ms. Bellum was a pretext for discrimination. In conclusion, based on the facts the defendant Barbara Wisdom displayed no age discrimination in her decision to terminate Sara Bellum, therefore, I rule that the defendant party does not owe the plaintiff any compensations for damages that resulted from the…

    • 992 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Allen Lopez Case Summary

    • 828 Words
    • 4 Pages

    The respondent cannot be legally fired for opposing or disliking the alleged unlawful employment practices. Title VII of the Civil Rights Act of 1964: “This law makes it illegal to discriminate against someone on the basis of race, color, religion national origin, or sex” (U.S. Equal Employment Opportunity Commission, n.d., para. 1). Private sector employees do not have First Amendment Right protection from retaliation nor does the freedom of speech apply (Workforce Fairness,…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Abbey Randt Case Summary

    • 1408 Words
    • 6 Pages

    A victim of sexual of harassment may file a charge under Federal and State law. A charge or complaint may be filed within 300 days of the date of the alleged violation. The EEOC and the Minnesota Department of Human Rights will look at allegations of sexual harassment, evaluate the circumstances and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case by case basis. If it found that there is probable cause for sexual harassment a victim will receive a right to sue letter showing that the EEOC and/or the Minnesota Department Human Rights determine that there are grounds for a discrimination claim.…

    • 1408 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The courts had addressed that all conditions of the work environment need to be evaluated before making a rulling. There was no factual way to understand how Hardy had fully affected Harris without understanding the environment, and being their when these events took place. The main issue that needed to be discussed was if Hardys actions created an abusive environment. It was clear that he had made discriminatory comments but did this environment harm Harris psychologically.…

    • 723 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Kathleen Bosko

    • 1633 Words
    • 7 Pages

    In Latowski, the defendant claims that the plaintiff’s employment was terminated because she had a lifting restriction due to her pregnancy. The plaintiff disputes this proffered reason by claiming that discriminatory statements made against her show the actual motivation for her termination was in fact her pregnancy. This is very similar to the current case because even though the Defendant has stated that the travel accommodations were denied to the plaintiff because she lacked seniority, made her request after Johnathon Myers, and because no other Master Sculptor was available to complete the project, there were also discriminatory remarks made by Kathleen Bosko. These comments were made right after the Plaintiff requested accommodations and included Bosko reminding the Plaintiff that as a Master Sculptor at Bosko Arts Inc,, she holds a “plum position” in the art world and enjoys “steady employment and employment benefits.” Furthermore, in the case of Latowski, the remarks were made by individuals who were involved in or could influence the decision making of the adverse employment conduct, namely Judy Doyle and Rick Ackerman.…

    • 1633 Words
    • 7 Pages
    Great Essays
  • Great Essays

    PLAINTIFF BURKE’S MEMORANDUM OF LAW IN OPPOSITION OF DEFENDANT’S MOTION TO DISMISS INTRODUCTION Plaintiff, Deborah Burke, is opposing Defendant’s Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Burke asks that the Court deny the motion because her Complaint satisfies the standard set by Rule 8(a)(2) and the two prong test. Ashcroft v. Iqbal, 556 U.S. 662-79(2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544-63 (2007). Further, the conduct was sufficiently severe or pervasive to constitute a sexually hostile work environment because it meets the objective and subjective tests by looking at all the circumstances and Burke exhausted her administrative remedies because the retaliation claim falls under an exception fro administrative requirements.…

    • 751 Words
    • 4 Pages
    Great Essays
  • Improved Essays

    Supreme Court decisions on sexual harassment, particularly in the Faragher case, have increased concerns about the nature of an acceptable policy and complaint mechanism. In that decision, issued on the same day, the Supreme Court ruled that, when there was no direct adverse job action involved, an affirmative defense against claims of supervisor harassment can be made. There is research relevant to the issues of effective policies, investigation processes, and what constitutes a reasonable or unreasonable failure to use an available complaint mechanism. However, further research, written in a way that makes it more accessible to lawyers and the courts, would be of…

    • 104 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Misconduct Case Summary

    • 890 Words
    • 4 Pages

    Lovington Good Samaritan Center, Inc., 89 N.M. 575, 555, P.2d 696 (1976) and Rodman v. New Mexico Employment Security Department, 764 P. 2d 1316 (N.M. 1988) demonstrates behavior and repetitive actions of insubordination that is necessary to constitute misconduct. These cases are valuable in proving that Anderson does not meet the requirements of “misconduct” and in addition, the employer did not suffer any financial loss due to Anderson’s change of appearance by getting a full sleeve tattoo. Given the restrictions placed upon Rodman, the Court state that she acted in a willful disregard for her employer’s interest. Anderson’s case is in fact the opposite, considering the facts that Anderson had no written write-ups, restrictions, reprimands and the employer failed to prove the allegations of misconduct. Conclusion…

    • 890 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Example Of Complaint

    • 1799 Words
    • 8 Pages

    The plaintiff filed her pro se lawsuit on September 4, 2014 and served our client with the complaint on September 8, 2014. Count I of the complaint alleges that our client is liable for the negligent hiring, training and supervision of “Darla L/N/A”. Count II of the complaint alleges that our client is liable under a respondeat superior theory. On October 6, 2014, Jonathan Nessler filed his appearance on behalf of the plaintiff. On October 8, 2014, we filed our motion to dismiss, which attacks both counts of the complaint as being insufficiently pled.…

    • 1799 Words
    • 8 Pages
    Great Essays
  • Superior Essays

    Id. The court will likely find that Travis, with authority to terminate, displayed a sufficient negative attitude towards the employee’s protected class and…

    • 2227 Words
    • 9 Pages
    Superior Essays
  • Decent Essays

    Eeoc Pros And Cons

    • 310 Words
    • 2 Pages

    You are qualified to file a claim with the EEOC. In order to file an active complaint, the discrimination must have happened within 180 calendar days prior. There are various steps…

    • 310 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Harassment In Workplace

    • 362 Words
    • 2 Pages

    Latoya Guider Professor Jeff Sing CMT 220 23 September 2015 Harassment in the workplace Harassment is an act perpetrated by an individual that makes someone feel uncomfortable, offended, frightened or abused. This would have to take place in an environment such as an office, store, school, factory or anywhere people are employed and/or conduct business, in order for it to be considered workplace harassment. The most frequent type of harassment is sexual harassment. The Equal Employment Opportunity Commission (EEOC) proclaimed any offensive behavior against someone is subject to federal punishment. It also stated that harassment applies to religion, gender, race, age, and handicap.…

    • 362 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    The three types of sexual harassment are verbal, non-verbal, and physical. Examples of verbal sexual harassment are comments about a person's body, jokes or teasing, and request or demand. Examples of non-verbal sexual harassment are insulting sounds, obscene gestures, and ogling someone's body. Examples of physical sexual harassment are sexual touching, and constant brushing up against someone. Out of the three types of sexual harassment I think verbal is most common because it's so easy for someone to call someone out of their name by using words like, sexy, sweetie, baby, love, juicy, and fine.…

    • 226 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Even though romantic interactions in the office are becoming more and more common, employers have sincere reasons for apprehension about workers dating. The main fear is a sexual harassment lawsuit resulting from either: 1) a superior who has a pattern of soliciting juniors out on dates; 2) a worker who files a complaint after a consensual relationship goes south; or 3) the view of co-workers that a manager is playing favorites with his or her "significant other." Sexual harassment laws forbid "unwelcome" sexual advances. Therefore, the partakers in a really "consensual" relationship cannot support sexual harassment. The struggle for the employer is proving that the relationship was consensual.…

    • 271 Words
    • 2 Pages
    Improved Essays