Employment Law1

I don’t know how to handle this Management question and need guidance.

After reading the article, discuss your opinion and if you believe Bob engaged in sexual harassment.
Post a substantive response to the question (minimum 250 words).

Reply in a scholarly and substantive manner to at the following two classmates

(Sandra)After reading the article, discuss your opinion and if you believe Bob engaged in sexual harassment.
Regarding my opinion I must say after reading the article twice I was totally confused with the accusation. In my knowledge of sexual harassment I have always thought this was direct behavior. Meaning the individual in question is being accused of doing something directly to the other employee. I also thought that in Bob’s case he was respectful in that he had caution as it relates to the statement by mentioning the fact that it was not something that he would have introduced to the group had Amanda been present. This is something I have witnessed men do a lot and have always looked at it as being respectful.
However, after hearing some of the points that Liz made, it caused me to review the case again. According to our reading for this week, “Hostile environment sexual harassment occurs when the plaintiff can show that the work environment is hostile, intimidating, or offensive due to sexual harassment, even when no tangible job loss occurs because of the harassment (Muller, M, 2013). This wouldn’t be the case because the statement didn’t affect Amanda’s work environment in an inappropriate way. Additionally, per the article he didn’t imply personal interaction with her or how it could affect her position.
For this reason I would say no to the harassment claim, however, the HR Director could have used this opportunity to enlighten him about the laws in place and to caution him to consider things that are said about individuals in the workplace. It was clear that he wasn’t aware that he was treading on thin ice by mentioning this in a corporate setting.
Muller, M. (2013). The Managers Guide to Hr: Hiring, Firing, Performance Evaluations, Documentation, Benefits, and Everything Else You Need to Know. New York: AMACOM.
(Adeline)Based on the information that was provided, I do not think that Bob engaged in sexual harassment. Amanda was not present when the joke was told, and he admits to only telling the joke because she was not there, he had no intentions of offending her. Muller (2013) explains that in order for words/actions to be sexual harassment, the victim must suffer some tangible employment action or it must unreasonably interfere with her/her working environment. Amanda had not heard anything about the incident until Bob reached out to her, at which point she assured Bob that she was fine, and insisted he tell her the joke. After Bob told Amanda the joke, she said “you must think I’ve led a sheltered life”, and asked to get back to work.
Peggy is trying to argue that Bob participated in some sort of Hostile Work Environment sexual harassment because Bob made Amanda’s gender relevant when telling the joke. While Bob did make a point of Amanda’s gender, I do not think that it qualifies as a hostile work environment because as of right now, Amanda has not suffered any sort of employment action and it has not unreasonably interfered with her working environment. When told the joke, Amanda brushed it off and asked to get back to work. Bob also feels bad for telling the joke and had no intentions of it impacting Amanda.
In the future, I think that Bob should just be careful and considerate when telling jokes or talking to his fellow employees. He should be sure to not make a habit of pointing out individual’s genders in order to ensure there are no sexual harassment claims filed against him. Even though Bob had no intentions of hurting Amanda (and, as of right now, it does not seem like he did), in the future something could happen between him and Amanda and Amanda could use this against Bob.
. New York: AMACOM.The Manager’s Guide to HRMuller, Max. (2013)
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