Dial implemented several measures to reduce the

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Unformatted text preview: visor. If the supervisor is the harasser, then the employee should report the harassment to the person to whom his or her supervisor reports or the employee may contact the Human Resources Department. This Policies and Procedures Manual is not provided to employees. Instead, employees receive the Associate's Handbook, which tells an employee to report sexual harassment to "management and the appropriate human resource representative. If you feel uncomfortable about approaching someone about the matter locally, you can notify the Harassment Hotline at the Support Center." A phone number is included. Finally, in the store's employee break room a poster informs the employees of Eckerd's "Sexual Harassment Policy." The poster provides that any employee who believes that he or she has been subjected to sexual harassment should bring it to the attention "of their manager, Human Resource representative, or any supervisor with whom they feel comfortable ... Any supervisor who becomes aware of possible sexual harassment should immediately notify Human Resources." Although Eckerd contends that its "official" sexual harassment policy is contained in its Policies and Procedures Manual, which requires reporting to the employee's supervisor or the supervisor's supervisor, this version was not distributed to the employees and therefore could not, as a matter of law, establish the first prong of the affirmative defense. 258 See Faragher, 524 U.S. at 808, 118 S.Ct. 2275. Moreover, it is apparent that each of the three versions of the policy, only two of which are published to the employees, permit the employee to report sexual harassment to a different set of persons. The official policy requires reporting to the employee's immediate supervisor, the supervisor's supervisor, or Human Resources. The Associate's Handbook tells employees to report harassment to "management," and the *949 break room poster tells employees to report the behavior to their manager, Human Resources, or "any supervisor with whom they feel comfortable." This case is similar...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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