The move towards gender balance began to bear fruit after the Second World War. Women made a significant contribution in the war by providing labor for the American industrial juggernaut without which the war would clearly have been lost. To enable women work better in a men dominated environment, sexual harassment was included in Title VII of the Civil Rights Act of 1964 ( American Association of University Women , n.d). The law provides against the treatment of an employee in a manner that makes them uncomfortable about their gender. In contemporary times, it is used mainly in circumstances where a superior member of staff acts inordinately against a junior member of staff. It may also apply when a reported case of sexual harassment is ignored by the employer (California Department of Fair Employment and Housing, 2010). Peculiar situations such as when an employee works in an environment with an overwhelming number of opposite sex members can also create sexual harassment claims.
Overview of Sally’s scenario
Sally works in a workstation with 10 men and no other women. The factors that shows uncomfortable work environment for Sally is that the men make jokes ridden with innuendo targeted at her because she is a woman. She has neither participated in the jokes nor shown an interest in them and that she has directly indicated to her colleagues that she does not appreciate their jokes to no avail, hence amounting to sexual harassment. With regard to employer liability, Sally works in a predominantly male work station. Any right thinking employee would know that sexual harassment is possible and probable (California Department of Fair Employment and Housing, 2010). Therefore, even before a complaint has been made, the employer should make steps to ensure that this does not happen. This may include holding workshops on sexual harassment or displaying a sexual harassment policy paper in the workstation. This has not been done and this makes Heavy Iron Works Company liable for the acts of its male welders towards Sally.
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Conclusion
It is clear that Sally has a good case against her employer. She can also improve it by keeping a good diary of the acts of her colleagues. Further, she ought to report the matter to the supervisor. Having not done anything about it yet means will not do anything even after the report, hence increase the company’s vicarious liability.
References
American Association of University Women (n.d). Know your rights: Workplace sexual harassment. Retrieved from <http://www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/workplace-sexual-harassment/>
California Department of Fair Employment and Housing (2010). Fair employment and housing - sexual harassment . Retrieved from <http://www.dfeh.ca.gov/Publications_StatLaws_SexHarrass.htm/>
