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Term Homework: Project Human Resource Management Chris Sitko Dr. Harvey Weiss October 6th, 2011 Body Case Study: Misplaced Affections: Discharge for Sexual Harassment 1. Evaluate the conduct of Peter Lewiston against the EEOCs definition of sexual harassment. There are two major types of sexual harassment that the EEOC recognizes. The main focus of the Case Study is going to be on their second type of harassment: hostile environment can occur when unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment. (EEOC. 2011) Based on the allegations brought by Ms. Beverly Gilbury, the relationship started out as a harmless crush, but escalated to an unwanted infatuation. Until Mr. Lewiston actually laid his hand on her, there was nothing wrong with how he pursued her. There is nothing wrong with love notes and flowers. Just because someone is infatuated, does not mean there is a sexual harassment case. 2. Should the intent or motive behind Lewistons conduct be considered when deciding sexual harassment activities? Explain. They should be completely taken into consideration. If employee A was to place a hand on employee B, it could mean a signal for congratulations, a way to get Bs attention, or it might not mean anything at all. However, if employee A had emotional feelings for employee B the touch can be misconstrued as employee A trying to make a move on employee B. If employee B is okay with this, there is nothing wrong, but if employee B has to repeatedly employee A to stop, there could be grounds for a sexual harassment suit. 3. If you were the districts EEOC officer, what would you conclude? What disciplinary action, if any, would take? Based you on the allegations brought forth by Ms. Beverly, I would say that there is a case for sexual harassment. The only way otherwise would be if there are any eye witnesses that can vouch for Mr. Lewistones. Just based on the charge that made physical contact with her, and she requested to be left alone, I would find him guilty. If I was forced to be in the position to declare a punishment for Mr. Lewistones, I would have to follow strict guidelines and possibly request his immediate termination from the establishment. However, if I was allowed to select the punishment, I would have him transferred to a different school. This way, he would still get to keep his job, but at the same time it separates him from Ms. Beverly. If this decision is rejected and a more strict punishment is requested, I would option for him to be put on a leave of absence, transference to a different location, and be put on probation. The leave of absence will allow him to collect his thought and reflect on his actions. The transference will appease Ms. Beverly, considering she does not want to see him anymore. Lastly, the probation will ensure that he does not commit any further incidents at the risk of losing his job. By putting him on probation, this also allows him to keep his current job. With todays economy the way it is, I would feel awful for removing someone from a position they have been holding for the past ten years. Sources Bohlander, George W. & Snell, Scott A. (2007). Managing Human Resources. 14th Edition. South-Western. EEOC. 2011. Guidelines on Discrimination, Sec. 1605.11(a). http://www.eeoc.gov/policy/docs/currentissues.html. Retrieved 6 October 2011. (Bohlander & Snell. 2007) (For copy paste use only; not part of Sources.) ... View Full Document

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