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In a meeting with the owner of Elora Jean & Co., a couple of recent situations were brought up that you need to address and advise the owner on courses of action. Present your evaluation in a written memo to the owner. As you prepare your strategy for investigating the claim and the union issues, consider the following:
• What is the legal definition of sexual harassment?
• What investigation process should Elora Jean & Co. have engaged in when the claims were first made? Why will that be important to the defense of the EEOC charge?
• What is the legal liability for Elora Jean & Co. if the EEOC investigation finds the charge to be factual with employer knowledge of the events? Consider the options of mediation versus litigation with regard to organizational cost.
• What should Elora Jean & Co. do to prevent this type of charge in the future?
• What are your overall recommendations for the owner with regard to preparing a response to the EEOC charge?
• How should Elora Jean & Co. address a harassment case when it involves employees with a work visa? Consider any special circumstances in employment law dealing with harassment and foreign labor in the workplace.
• How has the involvement of the union affected company-union relations?
• Is there anything to recommend that can improve or continue to maintain a good union-company labor relationship?
Situation 1: A charge was recently filed with the Equal Employment Opportunity Commission (EEOC) by an employee. The charge states that 2 female employees in one of the nonunion satellite offices were subject to repeated and unwelcome sexual advances by their male supervisor, who is on a work visa. The charge further states that the 2 women previously complained to the supervisor’s immediate superior, letting him know they felt uncomfortable and would like the behavior to stop. The harassment did not stop, but rather, it continued over a period of 3 months. At that point, the female employees decided that the company would not help. They decided to file a claim with the EEOC, stating they were being sexually harassed at work.
The owner is certain the company can put together a response that will clear them of the charge. She asked if you felt they had a pretty strong case. You state that you are not legal counsel for Elora Jean & Co. However, you request permission to investigate the claim before giving your thoughts on the company’s policy documentation for a legal defense.
Given your knowledge of Title VII of the Civil Rights Act, you are concerned with Elora Jean & Co.’s ability to defend the EEOC charge. You plan to engage in your own investigation into the claim to learn more about the complaints made, who had knowledge, what type of investigation was conducted (if any), and what actions were taken.
Situation 2: Elora Jean & Co. has had a period of adjustment in the past 8 months regarding the involvement of the union in the business practices within the production facility. One area that Elora Jean & Co. management has found particularly challenging is the involvement of the union with employee disciplinary actions and terminations.
The National Labor Relations Board is responsible for the investigation of unfair labor practice charges brought against a company with union representation. Elora Jean & Co. has interacted with the NLRB in the past when a charge of unfair labor practice was filed (and later dismissed). The owner is hoping to avoid any further charges.
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