SECR 5000 Webster Analytical response to sexual harassment decision

The plaintiff is a female employee of your company. Her performance over the years has been adequate but rocky at times. Specifically, she doesn’t always get along with fellow workers and has what has been described as a “caustic” personality. Your company has a very clear policy against sexual harassment which is posted in the workplace, there is training on harassment and zero tolerance for any “bad” behavior. In addition, there are ways of reporting harassment to someone other than the supervisor if the supervisor is the harasser. Assume that prior to filing suit, plaintiff came to the HR department and reported inappropriate touching by her supervisor. She claimed the conduct had been ongoing for years but admits she didn’t report it to anyone until she was sitting in front of you. You cause an investigation to occur that results in the termination of the supervisor. The plaintiff files an EEOC complaint and later a lawsuit. Analyze the company’s liability under Title VII particularly under the “Faragher” decision. A copy of which is attached.

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