An employee
of 1995 Auto Corp. recently filed with the Equal Employment Opportunity
Commission (EEOC). The charge states that 2 female employees in one of the
nonunion satellite offices were subject to repeated and unwelcome sexual
advances by their male supervisor who is on a work visa. The charge further
states that the two women previously complained to the supervisor’s immediate
superior letting him know they felt uncomfortable and would like the behavior
to stop. The harassment did not stop, but rather, it continued over a period of
3 months. At that point, the female employees decided that the company would
not help. They decided to file a claim with the EEOC, stating they were being
sexually harassed at work.
The owner is
certain the company can put together a response that will clear the
company of the charge. He asked if you felt they had a pretty good
case. You state that you are not legal counsel for 1995 Auto Corp.;
however, you request permission to investigate the claim before giving your
thoughts on the company’s policy documentation for a legal defense.
Given your
knowledge of Title VII of the Civil Rights Act, you are concerned with 1995
Auto Corp.’s ability to defend the EEOC charge. You plan to engage in your own
investigation into the claim to learn more about the complaints made, who had
knowledge, what type of investigation was conducted (if any), and what actions
were taken.
As you
prepare your strategy for investigating the claim and the union issues,
consider the following:
·
What is the legal definition
for sexual harassment?
·
What investigation process
should 1995 Auto Corp. have engaged in when the claims were first made? Why
will that be important to the defense of the EEOC charge?
·
What is the legal liability
for 1995 Auto Corp. if the EEOC investigation finds the charge to be factual
with employer knowledge of the events? Consider the options of mediation versus
litigation with regard to organizational cost.
·
What should 1995 Auto
Corporation do to prevent this type of charge in the future?
·
What are your overall
recommendations for the owner with regard to preparing a response to the EEOC
charge?
·
How should 1995 Auto Corp.
address a harassment case when it involves employees with a work visa? Consider
any special circumstances in employment law dealing with harassment and foreign
labor in the workplace.
Must be 5-6
pages in length. APA format. Reference page with4-5 references
