Sexual harassment

McConnell, C. & Umiker, W. (2014). Umiker’s management skills for the new health care supervisor. Burlington, Mass: Jones & Bartlett Learning.

Sexual harassment — ranging from derogatory comments to threats of sexual assault and rape — is still incredibly widespread for many EMPLOYEES working in the United States. And it can have grave consequences. Even with Title VII’s protections, many people across the country still face sexual harassment in their workplaces. Know your rights, watch your surroundings, and speak up.


Pick one of the examples of sexual harassment in the workplace and apply the Charge processing to the case and why or why it is not it should be sexual harassment charge.

1. Example – Charging Party (CP) alleges that her supervisor subjected her to unwelcome sexual advances that created a hostile work environment. The investigation into her charge discloses that her supervisor began making intermittent sexual advances to her in June 1987, but she did not complain to management about the harassment. After the harassment continued and worsened, she filed a charge with EEOC in June 1988. There is no evidence CP welcomed the advances. CP states that she feared that complaining about the harassment would cause her to lose her job. She also states that she initially believed she could resolve the situation herself, but as the harassment became more frequent and severe, she said she realized that intervention by EEOC was necessary. The investigator determines CP is credible and concludes that the delay in complaining does not undercut CP’s claim.

2. Example – Charging Party (CP) alleges that her supervisor made unwelcome sexual advances toward her on frequent occasions while they were alone in his office. The supervisor denies this allegation. No one witnessed the alleged advances. CP’s inability to produce eyewitnesses to the harassment does not defeat her claim. The resolution will depend on the credibility of her allegations versus that of her supervisor’s. Corroborating, credible evidence will establish her claim. For example, three co-workers state that CP looked distraught on several occasions after leaving the supervisor’s office and that she informed them on those occasions that he had sexually propositioned and touched her. In addition, the evidence shows that CP had complained to the general manager of the office about the incidents soon after they occurred. The corroborating witness testimony and her complaint to higher management would be sufficient to establish her claim. Her allegations would be further buttressed if other employees testified that the supervisor propositioned them as well.

3. Example: Pick a current case from the news, describe the detail and apply the Charge processing to the case and why or why it is not a sexual harassment charge. (5 points extra credit to grade

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