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I chose to use the recent allegations of sexual harassment against Bill O'Reilly as my example for this discussion. Wendy Walsh, a former guest commentator on "The O'Reilly Factor", stated she met O'Reilly at his invitation for dinner at a hotel and talked of her prospects for getting hired as a paid contributor. She said she later refused his invite to his suite. After that, she said, O'Reilly was "hostile" to her and, in May, her weekly segments were put on hold. Other women, who either worked for O'Reilly or appeared on his show, accused him of "a wide range of behavior", including "verbal abuse, lewd comments, unwanted advances and phone calls in which it sounded as if Mr. O'Reilly was masturbating". When Ms. Walsh called Fox's hotline and described what she said was harassment and retaliatory behavior by Mr. O'Reilly back in 2013, this was significant because Mr. O'Reilly and Fox had said that none of the women accusing him of improprieties had ever contacted human resources or called the hotline. Mr. O'Reilly said in a statement then that he had been unfairly targeted because of his prominence.

Mr. O'Reilly's actions would warrant applying charge processing to be considered for sexual harassment in both quid pro quo and hostile work environment scenarios. Quid pro quo harassment because he was requesting sexual favors in return for getting Ms. Walsh hired and a hostile work environment sexual harassment because of his lewd comments and unwanted advances (Sexual harassment power point). As in the case of Mr. O'Reilly, if one's immediate superior is the alleged perpetrator, or if victim feels uncomfortable dealing with that person, help can be sought from the superior's manager or a specialist in the human resources department (McConnell, 2014). Here, Ms. Walsh contacted the human resources hotline.

GUIDANCE A His actions would be considered unwelcome because "the charging parties (CP) did not solicit or incite it, and in the sense that the CP regard the conduct as undesirable or offensive" (EEOC). GUIDANCE B In regards to evaluating evidence of harassment, sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not establish a hostile environment. However, if the conduct is determined to “unreasonably interfere with an individual's work performance or creates an "intimidate, hostile or offensive working environment", it would be considered sexual harassment (EEOC). In contrast, in quid pro quo cases a single sexual advance may constitute harassment if it is linked to the granting or denial of employment benefits (EEOC) as in the allegations by Ms. Walsh. It is the employer's burden (21st Century Fox) to demonstrate that the unwelcome conduct was not sufficiently severe to create hostile work environment (EEOC). GUIDANCE C Mr. O'Reilly's alleged verbal abuse and lewd comments would need to be reviewed to ascertain if the remarks were hostile and derogatory (EEOC) In this instance, the answer would be yes. GUIDANCE E The employer should investigate promptly and thoroughly once a complaint is received. Disciplinary action against the offending employee ranging from reprimand to discharge may be necessary. Generally, the corrective action should reflect the severity of the conduct (EEOC). After a thorough and careful review of the allegations, The Fox Company and Bill O'Reilly had agreed that he would not return to the Fox News Channel. Mr. O'Reilly and Fox reached settlements totaling $13 million with five women who had accused him of the sexual harassment or verbal abuse, only some of which had previously been reported publicly.

All review and evidence applied to the charge processing indicates that this is a sexual harassment case.

References

McConnell, C. R. (2014). Umiker's Management Skills for the New Health Care Supervisor  (6th ed.). Burlington, MA: J&B Learning.

Policy Guidance on Current Issues of Sexual Harassment. (EE0C) Equal Employment Opportunities Commission (US) Https://www.eeoc.gov/policy/docs/currentissues.html (Links to an external site.)

 

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Sexual Harassment in the Workplace Power Point

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Status NEW Posted 06 Jul 2017 02:07 AM My Price 8.00

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