Connie Mack was employed by the Beaufort Distributing Company. She worked at an

Question

Connie Mack was employed by the Beaufort Distributing Company. She worked at an offsite location keeping track of the inventory in that facility. Connie was the only female in the building and Milton, her supervisor, subjected her to constant verbal abuse. He used vulgar language to refer to women and told lewd jokes in her presence. Additionally, Milton commented on her breasts daily, asking if he could touch them and offering to allow her to leave early if she would let him look at them. After 7 months, Connie couldn't take it anymore and quit. She never complained to Milton's supervisor about his behavior. Explain what Connie must prove in order to maintain a claim for sexual harassment and constructive discharge. Discuss how Beaufort Distributing Company would defend against this claim. Thoroughly explain your answer, citing the appropriate law(s).

Explanation / Answer

This is a case of 'hostile environment' harassment i.e. threats are not carried out. Connie must prove the following - (i) the harassment by Milton was unwelcome (ii) harassment was based on sex (iii) harassment was committed by the supervisor (iv) the harassment affected the terms and privileges of employment.

Beaufort Distributing Company can defend against this claim by maintaining that the company was never made aware of the harassment. The law provides that the company should take immediate and appropriate corrective action. In this case, it was not possible as Beaufort Distributing Company was not made aware of the harassment by Connie.

Related Questions

Navigate

• Browse (All)
• Browse C
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.