Cindy works as a receptionist for ABC Corporation a brokerag

Cindy works as a receptionist for ABC Corporation, a brokerage company that has about 15 employees. She was hired through a XYZ, a recruiter and paid through the recruiting company.   During her time there, Sam, one of the brokers, repeatedly called her “sweetie.” He also asked her to go out for drinks. She ignored his overtures. He repeatedly continued to call her at home and suggested going to dinner. At the Christmas party, Sam got drunk and made several attempts to dance with Cindy. She politely refused. On his way out, he hugged her and touched her buttocks. At the same time, he calls her “honey buns.” The next day, she complained to a manager at XYZ about Sam’s behavior. A week later, the recruiting company called her and told her that she is no longer wanted at ABC and ended her assignment there. What claims does she have and against whom?

Solution

Cindy had a hostile environment claim under the Title VII of the Civil Rights Act as she faced sexual comments and advances frequently and in an unwanted manner from Sam. The employer can avoid liability (depends on the State\'s law) by promptly taking action (includes investigation) against Sam and by demonstrating that it has a sound policy for regulating sexual harassment. But is this case, the employer, after being informed by Cindy, fires hire instead of taking any affirmative step for investigation. This is a case of retaliation or adverse action for which the Title VII provides a separate relief. So, in this case, Cindy can be entitled relief for hostile environment and retaliation from the employer separately.