A female Hispanic floriculture supervisor, Ana Mendez, has reported to Employee

Question

A female Hispanic floriculture supervisor, Ana Mendez, has reported to Employee Relations that she has been sexually harassed by Ellis Wilson in which he has created a hostile working environment by frequently stopping by to see her at her worksite and constantly commenting on how sexy she is and pressing her to "just go for a few drinks" on too many occasions. She declares she has rejected his advances and informed him if he did not stop harassing her she would report it to management. He did not stop. Ellis' position is that he happens to have work and audits to be done in areas where she happens to be. He does not believe any comments complimenting her should be taken as seriously because he is just a friendly type of guy. Ellis does not seem to realize when certain actions can be perceived as sexual harassment. Employee Relations Manager, Roberto Miranda, discussed the matter with you. You direct Roberto to apply conflict resolution techniques in hopes of keeping the matter from accelerating into a full-fledged EEOC complaint. Smith has informed you he wants this matter resolved quietly and quickly.

Please discuss/Include any other technique that will help resolve or address the conflict, i.e. ethical considerations, settlement offer, disciplinary action, demotion, termination, etc

Explanation / Answer

Any unwelcome conduct of sexual nature that creates a hostile work environment can be considered as sexual harassment and from the case study we can understand that Ellis Wilson is not aware that the verbal conduct that he does with Ana Mendez also comes under sexual harassment. The employer is also liable for the conduct as the employer failed to exercise reasonable care to prevent sexual harassment. The employer should take immediate corrective measures by providing training for employees regarding sexual harassment in workplace and the laws behind it. I would suggest Roberto to provide monetary damages to Ana Mendez and Ellis Wilson should be given a warning and adequate training on sexual harassment at workplace and its consequences to ensure that he would not repeat the same mistake in future. If he repeats, he should be terminated.

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