Problem
In the municipality of Barataria, the Chief Executive has the habit of inviting female employees to a dinner when they start working. During that activity, he talks to them about what they should expect during office hours and outside of office hours, including activities and personal relationships, which are not directly related to employment. Occasionally, he invites the new female employee to share in social activities outside of working hours, which have no relation to the job, to which his son accompanies him.
When the female employees attempt to file a complaint about a hostile employment environment, Barataria staff tries to convince them that nothing contrary to the law is happening, or notifies them that if they insist on suing, they may lose their job. In fact, there have already been several scenarios where they have fired the female employees.
Faced with this scenario, discuss:
• Who is responsible for acting if Barataria's Chief Executive Officer performs in a hostile, negligent, or reckless manner?
• Is the Human Resources Director responsible for allowing such conduct? Would they respond personally?
• Are the Municipality of Barataria and its Municipal Assembly responsible for the actions of the Chief Executive of Barataria? Can they claim that they were not informed of what was happening?
• Is there any responsibility on the part of Barataria's Chief Executive or his son?
• Does the scenario described give rise to criminal proceedings against the Chief Executive of Barataria or his son?