Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Below this is what he/she answered from the question: What are some of the elements of a prima facie case of hostile environment harassment? What
Below this is what he/she answered from the question: What are some of the elements of a prima facie case of hostile environment harassment? What has been your experiences with any of them? So you need to respond from his/her answer ( YOU DO NOT NEED TO ANSWER THE QUESTION) just respond and add YOUR THOUGHTS150250 words remember to give thoughts and agree This is his/her answer: A prima facie is the first impression, first sight, or first appearance of a situation and the view before correction. There are many elements of a prima facie case and they include: 1. Employee filing the claim is from a protected class2. Employee experienced unwelcome harassment 3. Harassment may or may not be race based 4. Harassment interferred with work and created a hostile environment 5. Employer is liable for the conduct In order for the employee to file a prima facie case of hostile environment harassment, the employee must provide evidence to prove that the harassment was severe and pervasive. The harassment cannot be proven by just slurs or simple gestures. I have not experienced a prima facie case of hostile environment harassment myself; however I have heard stories. An example would be a male employee very interested and attracted to a female employee which led to numerous unwanted behavior. The first couple of times the male employee would make uncomfortable comments and stare from a distant. The female employee would just brush it off and ignore the male employee until he started to follow her home in hopes to eventually take her out for dinner. In this case, the female employee would qualify in almost all of the elements listed above because the employee is in a protected class, the experience was definitely unwelcomed, which led to a hostile work environment because these "simple" gestures led to a situation that may be threatening for the female employee. The behavior of the male employee got worse over time and did more and more. She could not have rejected him over and over without any fear in the workplace. She needs to file a claim with the employer, have every action documented, and allow the employer to investigate and take any corrective action. References: 1. http://www.adenverlawyer.com/2010/11/04/primafaciecase ofhostileworkenvironmentbasedonrace/ 2. Environment Law for Business textbook Reply Quote Email Author
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started