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1. The staff Christmas party Two months after Amy started work as a short-term contract delivery person, she attended the staff Christmas party at a

1. The staff Christmas party

Two months after Amy started work as a short-term contract delivery person, she attended the staff Christmas party at a local hotel. She alleges on arriving at the hotel with her sister, a group of about 10 male co-workers wolf-whistled and made sexual remarks about Amy and her sister. Shortly afterwards, a coworker, Evan, walked over to the table where Amy and her sister were sitting having a drink. He started to dance, and lifted his T-shirt, exposing his stomach and chest. He then allegedly proceeded to loosen his pants and turned around and bent over, exposing his bare backside directly in front of Amy and her sister.

Later in the evening, while Amy was playing pool with another co-worker, Evan allegedly approached Amy from behind and pulled down her top, exposing her right breast. She claims she hit Evan over the head with

her pool cue because she was frightened and embarrassed. After this incident, Mark, another co-worker, approached Amy and tried to wrench the pool cue from Amy's hand. Amy claims she was also intimidated

by Evan, because he was sitting across the room, staring at her.

Amy complained to her manager the following workday about these incidents.

A) Does this constitute as harassment?

B)Does the employer have an obligation to investigate?

C) Based on the information you have been given, what would be your determination?

2. Alleged harassment by a customer

Bianca had recently moved to a new town. Bianca claimed that her new neighbour, David, helped her find a job as a casual bar attendant at the local boat club, of which David was a member. Within two weeks, Bianca was appointed part-time Assistant Manager. From the day Bianca commenced work, David allegedly started to make unwanted sexual comments to Bianca such as "you owe me big time for this girl, big time" and "come on show me your tits and that will be enough". Other comments that Bianca claimed David made included "we want you to go in a wet t-shirt competition, you would win hands down". On one occasion when Bianca was at work behind the bar, David allegedly kept repeating to Bianca and other patrons at the bar "you're a lesbian aren't you". This continued for about two months. Bianca decided to make a complaint to the manager of the boat club. No action was taken.

Bianca requested a meeting with the board of the boating club. Instead of investigating Bianca's complaint, Bianca claimed that the board members accused her of lying and demoted her to a casual. Bianca claims, due to the mental and emotional stress, she was unable to work.

A) Does this constitute harassment Yes/No.Explain

B) Should an investigation be completed?Yes/No?Why or Why not?

C) If you were the Board of the club, how would you respond?

3. Human Resources receives a phone call from an employee. She reports that she has just finished a long conversation with a friend and coworker, a part-time employee, who revealed to her that she is a victim of domestic violence. To her surprise, she learned that the woman's husband has been abusing her since their first child was born. He is careful to injure her only in ways that do not leave visible signs, and she feels sure no one would ever believe her word against his. The family's assets, even "her" car, are all in his name, and her part-time salary would not be enough for herself and the children to live on. Further, he has threatened to kill her if she ever leaves him or reveals the truth. After talking with the employee, the coworker agreed to let the situation be reported to the workplace violence team.

A) What are your obligations in this scenario, if any?

B) Should an investigation be completed?Yes/No?Why or Why not?

C) If you were the HR person, how would you respond?

4. An employee called Human Resources for advice, saying that a coworker was picking on her, and expressing fear that something serious might happen. For several weeks, she said, a coworker has been making statements such as, You actually took credit for my work and you are spreading rumors that I'm no good. If you ever get credit for my work again, that will be the last time you take credit for anybody's work. I'll make sure of that. She also said that her computer files have been altered on several occasions and she suspects it's the same coworker. When she reported the situation to her supervisor, he tried to convince her that there was no real danger and that she's blowing things out of proportion. However, she continued to worry. She said she spoke with her union representative who suggested she contact someone in HR.

A) Does this constitute harassment Yes/No.Explain

B) Should an investigation be completed?Yes/No?Why or Why not?

C) If you were the HR person, how would you respond?

5. After workplace violence training was conducted at the agency, during which early intervention was emphasized, an employee called Human Resources for advice on dealing with his senior coworker. He said the coworker, who had been hired at a senior level six months earlier, was in the habit of shouting and making demeaning remarks to the other employees in the office. The senior coworker was skilled in twisting words around and manipulating situations to his advantage. For example, when employees would ask him for advice on a topic in his area of expertise, he would tell them to use their own common sense. Then when they finished the work, he would make demeaning remarks about them and speak loudly about how they had done their work the wrong way. At other times, he would demand rudely in a loud voice that they drop whatever they were working on and help him with his project. The employee said he had attempted to speak with his supervisor about the situation but was told not to make a mountain out of a mole hill.

A) Does this constitute harassment Yes/No.Explain

B) Should an investigation be completed?Yes/No?Why or Why not?

C) If you were the Human Resources person, how would you respond?

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