In the last two years there has been 11,364 sexual harassment claims filed according to the EEOC, it has been decreasing in the last 4 years but it was at a all time high in 1997. While working for Burlington Industries for 15 months, Kimberly B. Ellerth quit because she allegedly suffered sexual harassment by her supervisor Ted Slowik. Kimberly refused all of Slowik's advances and did not lost any tangible job benefits at her workplace, She was actually promoted once. But Mrs. Ellerth remained silent about Slowik's conduct despite her knowledge of Burlington's policy against sexual harassment.
ProblemsAs you get into details about this case, you start to understand the behaviors of both parties. While Kimberly worked at the Burlington company, she was constantly being harassed by her supervisor and it was very unwanted. Certain comments like “ Are you wearing a short skirts yet” and “your gonna be out there in factories with men and they like women with pretty butts and legs”. These comments as we all know are very inapporiate for a work place.
There are two types of sexual harassment according to our textQuid pro quo- When a perpetrator makes conditions of employment contingent on the victim providing sexual favors. This type of harassment is less common.Hostile environment- When unwelcome, severe and persistent sexual conduct on the part of a perpetrator creates an uncomfortable and hostile environment (e.g.
, jokes, lewd postures, leering, inappropriate touching, rape, etc.). This type of harassment constitutes up to 95% of all sexual harassment cases. Our case is hostile environment in which Kim has allegedly dealt with for the last 15 month of her employment. One of the major problems in the case is she never reported the harassment or inform anyone about the issues with her supervisor.
It makes it a difficult case since their is no solid evidence but doesn’t matter. She is still allowed to sue for sexual harassment after the fact, If she had just mentioned to her HR manager or co-worker she would have a valid witness and their employer would not be able to use an affirmative defense on handling and reporting sexual harassment. Therefor, the company still has the responsibility to safeguard their employees from internal and external people. While Burlington Inc doesn’t condone Slowik behavior, it very hard for a company or HR to take action if nothing is said about the problem. Question 1I do think it is unfair that court would not let the affirmative defense in the case.
As we said before Ellerth did not make it aware to anyone including her co-worker or HR department. How would the employer know anything was going on with Ellerth if she didn’t speak up. Ellerth was aware of the sexual harassment policy of the business but at the same time, I understand it’s very hard to speak about issues because they are afraid of consequences. But if you don't speak up for yourself, who else will? Question 2Yes, It does make sense for an employee to bring up a sexual harassment regardless of him/her not being affected by adverse tangible environment. As a company and an HR manager you always want to correct issue regarding your company policy.
If you have a manager or an employee who is constantly harassing others in their business, you want to be able to fix the issue if that includes termination as necessary. These type of individual can affect your business and end up costing the business a tremendous amount of capital if sued. Question 3Yes, I understand why the court would allow the affirmative defense in cases where there was no lose and cases in which their was lost of benefits. Most likely companies are unawares of harassment in the business unless the victims establish a claim with the company. Recommendations/SolutionsMy recommendations to the Ellerth would be next time make a complaint with her company and make sure they are aware of the behavior of her supervisor. We want to make sure he doesn’t have the same behavior with other female employees.
Burlington should make the sexual harassment policy aware to all their employees and how serious issue it would be if anyone violated it. Burlington Inc also should make sure their HR department has an open door policy for any complaints. Ellerth should receive damages for her harassment and any wages. Mr. Slowik should be terminated if these allegations are true.
