Sexual Harassment

At this point it is clear that Mary is being sexually harassed by Frank. Her job was also being threatened by Frank. Mary did the right thing to reject Frank, and contacted Human Resources with her complaint. Most employer should have complaint procedure and grievance system available. (Federal Communications Commission, 2007) Mary should inform Frank directly that his comment is unwelcome, and if he doesn’t stop it will escalate to a more serious complaint.

First thing I would do to correct this work environment is to investigate into Mary allegation. In order to encourage the victim to come forward about the incident you should guarantee to protect their confidentiality to the possible extent. I would need to designate an official outside on both Mary’s and Frank’s chains of command to do the investigation to ensure the complaint are handled in an impartial manner. The official will then interview Frank about the alleged harassment complaint. If he denied the allegation then a detailed fact-finding investigation is required. During the investigation Frank should be placed on non-disiciplary leave with pay, or Mary should be transferred, so both parties would avoid contact during the investigation.

If the finding of the investigation indeed suggested that Frank had violated the sexual harassment law then further disciplinary action is required. He shouldn’t be able to hold his position as supervisor. He had abused his authority as a supervisor by forcing Mary to meet him for diner. As a supervisor Frank should have demonstrated an ethical behavior for his employees to fallow.

Under federal law, employer is obligated to stop sexual harassment. Federal law also indicated that employer must correct the problem promptly should it had occurred, (Equal Rights Advocates, n.d) therefore; Human Resources should investigate into the complaint that Mary had filed. If the conduct is indeed abusive and had it continued to the extent where it had created a hostile work environment, that interferes with another employees performance, the employer is responsible to take action to changing the environment. This could be done by warning, reprimanding, or perhaps relieving the harasser from his position. (Ebert & Griffen, 2007)

Frank unwanted sexual comment to Mary is a classified as sex discrimination. He had violated Title VII of the Civil Rights Act of 1964 which prohibited, unwelcome sexual advances, sexual conduct or other verbal or physical action of sexual nature. (Legal Match, n.d) Federal law prohibited sexual harassment in the workplace and the law also indicated that employer is responsible for preventing and stopping sexual harassment. In employment law, Frank conduct violated hostile work environment sexual harassment and “quid pro quo” harassment law.

Hostile work environment harassment refers to situation when unwelcome comments or conduct based on sex, race, or other characteristic that can ultimately lead to a hostile or offensive work environment. An example of hostile environment harassment is when Frank makes remarks about Mary and Mr. Miller