Workplace and Sexual Harassment
Need some assistance in answering the following questions in regards to a mini case study involving harassment.
What federal law and/or state law apply to this case? What kind of harassment, if any, took place? What steps should an employee normally take to qualify a claim for sexual harassment? What agency(s) should Kitty complain to before filing a law suit? What procedural steps are required in order to file a law suit? What are other avenues of relief provided by governmental agencies? Do you think the employer is liable? Why? What defense(s) does the employer have to Kitty's claims, if any.
Please cite references.
Kitty Russell began working for General Hospital in 1999. In August, 2000 she was transferred to the maternity ward, where she worked under the supervision of Chester Goode. Kitty alleges that Goode sexually harassed her from early 2001 until late 2002. Goode's behavior toward Kitty allegedly included both inappropriate comments and unwelcome physical touching. One incident (April 2002) included Kitty being called into Goode's office and he told her he would overlook her attendance problems if he could get close to her and in the process he grabbed her crotch. As it turned out, Kitty had resolved a child care issue that very day and was not late again. Another incident involved an incident in an elevator where Goode reached around her from behind and grabbed her breasts (October 2001). Kitty complained to him about being touched, but Goode merely laughed and told her to "loosen up". Other times Goode would comment on the figures of other hospital personnel in Kitty's presence, normally he would comment about the breast size of every women employee from nurses to doctors.
Chester also liked to tell jokes that had a theme of women with big butts. Kitty; herself; was a little heavy but not over weight. She would laugh at the big butt jokes but told Chester she did not like the comments about women's breasts. At a staff meeting Goode commented to Kitty that if she ever wanted to be a patient he would love to start the process for her to be admitted to the maternity ward.
Kitty told a co-worker (Matt Dillon - who happened to be a supervisor when Goode went on vacation) about Goode's behavior, but Kitty did not formally report it to management until January 2003 when she reported Goode's harassing conduct to one of his supervisors in accordance with hospital procedures set out in the employee manual [Kitty had read the manual during orientation and signed an acknowledgment; however; the manual had been updated several times since then and it was missing on her floor and it took her several weeks to find a copy which she finally found at another nursing station on a different floor; Kitty had not attended yearly classes on the hospital's harassment procedures due to scheduling problems; however she had seen the posters in the employees kitchen area concerning reporting sexual harassment].
An investigation was immediately started against Goode, prompting him to retire. Shortly after he retired Kitty was given new working hours and she was transferred to the grave yard shift because her new supervisor who knew Goode was wary of working with her. Kitty quit her job to attend to her "emotional issues" resulting from her experiences with the hospital.