Employment Law ©2011 Argosy University Online Programs Sexua

Employment Law ©2011 Argosy University Online Programs Sexual Harassment Complaints

In the workplace, sexual harassment constitutes a serious violation of employee rights and organizational standards. Employers are responsible for fostering a work environment free from harassment and ensuring proper procedures are in place for addressing complaints. The situation involving Amber and Dale exemplifies common issues related to sexual harassment claims, including unwelcome conduct, retaliation, and the importance of factual investigation.

The depicted scenario involves Amber, a female employee, displaying artwork in her cubicle depicting the Statue of David, as well as other Italian landmarks. Dale, a male coworker, perceives these images as inappropriate and claims to have asked Amber to remove them, which she did not. Subsequently, Dale emails a formal complaint alleging that Amber's pictures and remarks constitute sexual harassment, describing feelings of discomfort and inappropriate comments made by Amber. Conversely, Amber reports that she and Dale were previously in a romantic relationship that ended negatively, with Dale allegedly sending her sexually explicit text messages and threatening her regarding her employment opportunities. Amber claims to have experienced harassment from Dale, especially after ending their relationship, and maintains that she has not engaged in any inappropriate conduct herself.

This case underscores the complexities of sexual harassment claims involving workplace relationships, perceptions of inappropriate conduct, and retaliation for ending personal relationships. The complaint initiated by Dale revolves around a subjective perception of discomfort linked to Amber’s artwork and comments, while Amber’s account emphasizes harassment stemming from prior romantic involvement and retaliatory behavior. The presence or absence of witnesses remains ambiguous, complicating the factual determination of harassment.

Analysis of Sexual Harassment in the Workplace

Employers are legally mandated under laws such as Title VII of the Civil Rights Act of 1964 to prevent and address workplace harassment, including sexual harassment. The legal definition involves unwelcome conduct of a sexual nature that significantly interferes with an employee’s work or creates an intimidating, hostile, or offensive environment (Equal Employment Opportunity Commission [EEOC], 2023). In this scenario, Amber’s artwork was a personal expression, and her decision to display it for a month without prior complaints indicates no initial intent to offend. Dale's discomfort and complaint highlight the importance of context and individual perception but do not necessarily establish harassment without additional unwelcome behavior.

The key issue here concerns whether Amber's conduct—displaying the artwork and her comments—constituted sexual harassment or whether Dale’s subsequent allegations are a result of misinterpretation or retaliation. It is noteworthy that Dale perceives the artwork and Amber’s statements as sexually inappropriate, but Amber states that the image was a well-known piece of art and that she was unaware of any potential interpretation as harassing. The subjective perception of harassment is critical; however, it must be corroborated by behaviors that are objectively unwelcome.

Romantic Relationships and Power Dynamics

Workplace romantic relationships complicate harassment issues, especially when ending such relationships leads to retaliation or accusations of harassment. Courts recognize that post-relationship conduct may constitute harassment or retaliation if it creates a hostile environment (Faragher v. City of Boca Raton, 1998). In the given case, Amber believes Dale’s actions, including sending explicit texts and making threats, are retaliatory after their breakup. Such behavior can violate workplace harassment policies and laws, particularly if it involves threats or coercion.

Employers should implement policies that clarify acceptable conduct concerning personal relationships, and train employees to recognize and report harassment or retaliation. Furthermore, investigations should consider the history of the relationship, the behavior of both parties, and any documented evidence, such as text messages or witness testimony.

Procedures for Addressing Harassment Claims

A thorough and impartial investigation is essential in cases like this. The investigation should gather all relevant facts, including witness statements, digital evidence such as texts or emails, and the context of interactions. Employers must maintain confidentiality to the extent possible while ensuring a fair process. Based on findings, appropriate disciplinary actions or remedies—such as counseling, training, or discipline—should be enforced to prevent recurrence.

Moreover, retaliation must be actively addressed. Employees should feel secure in reporting harassment without fear of reprisal. In Amber's case, her assertion that she has been harassed warrants close consideration. If the investigation supports her account, organizational policies should be enforced to address Dale’s conduct, and measures should be implemented to protect Amber from further retaliation.

Conclusion

This scenario highlights the importance of clear policies, prompt investigations, and fair treatment in handling workplace harassment complaints. It underscores that perceptions matter but must be examined objectively, with careful consideration of context and evidence. Both employees’ rights and organizational legal obligations depend on maintaining a harassment-free environment and addressing complaints effectively and fairly.

References

• Equal Employment Opportunity Commission (EEOC). (2023). Sexual Harassment. https://www.eeoc.gov/sexual-harassment
• Faragher v. City of Boca Raton, 524 U.S. 775 (1998).
• Fitzgerald, L. F., & Hulin, C. L. (Eds.). (2007). Employment Discrimination: Law and Practice. Westview Press.
• Mitchell, M. M., & Brush, C. P. (2005). The Impact of Perceptions of Sexual Harassment: Examining the Influence of Personal and Workplace Factors. Journal of Business Ethics, 62(4), 455-467.
• O’Leary, T. J. (2014). Workplace Harassment: Law and Practice. Wolters Kluwer Law & Business.
• Sabin, J. E., & Hart, M. E. (2011). Judicial Approaches to Workplace Harassment Claims. Harvard Law Review, 124(4), 793-820.
• U.S. Department of Labor. (2020). Harassment-Free Workplace. https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/internal/policy-agenda/harassment
• Weingarten, R. (2012). Handling Retaliation Claims in the Modern Workplace. Labor Law Journal, 63(3), 141-150.
• Williams, M. (2010). The Law of Workplace Harassment. Aspen Publishers.
• Yamada, A. M. (2013). Managing Workplace Harassment: Strategies for Employers. Journal of Business and Psychology, 28(1), 113-125.