Concerning the Ingrid Reeves vs CH Robinson Worldwide Inc Case - Paper Example

Concerning the Ingrid Reeves vs. C.H. Robinson Worldwide Inc. case, several elements depict sexual harassment. The form of sexual harassment apparent in this sense is Hostile Environment Sexual Harassment. It serves as a kind of sexual harassment that prevails when a supervisor or a co-worker in the work environment makes sexual comments or advances to employees. While such kind of an act might not affect future promotions concerning the job market for the employees, it makes the workers work environment hostile and offensive. In general, the comments or advances might affect the capacity of an employee to do her job properly. The various instances of an offensive work environment comprise of personal questions that are sexual in nature, offensive language, physical conduct other people consider as degrading, and any sexually offensive or explicit pictures or literature that other employees can see plainly (Hunt, et al., 2010).

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From the case, Ingrid Reeves vs. C.H. Robinson Worldwide Inc., it is worth noting that whereas sexually explicit language apparent in the workplace might not be directed to a particular individual, it can still serve as a basis for claiming that the work environment is hostile. In the case, Ms. She stipulated that offensive language dominated the work setting whereby her co-workers, supervisors, and executives tolerated the offensive language in the company. Also, sexually explicit programming on the radio took place on a daily basis. While Ms. Reeves criticized radio programming, her co-workers told her she could change the station and play the music that pleased her. She stipulated that when she tried doing so, the other workers would switch the radio back to the disgusting program. Ms. Reeves left C.H. Robinson in 2004 and raised complaints that the offensive sexual language led the work environment to be hostile in her case CITATION Gre08 \l 1033 (Greenwald, 2008). However, whereas a lower court dismissed the case for C.H. Robinson, a unanimous ruling overturned the decision claiming that Ms. Reeves had complained severally about the language, hence was entitled to a hearing by the jury CITATION Mar10 \l 1033 (Marcus, 2010).

In matters regarding "Hostile Environment Sexual Harassment," an employee can make a claim concerning a hostile work environment when the harassment does not target the complaining worker when the harassment infuses the complaining workers work setting CITATION Cat12 \l 1033 (Cates & Machin, 2012). Therefore, it is possible for an employee to make a claim concerning a hostile work environment if the worker witnesses a harassing conduct. It is applicable if the act is pervasive or severe enough to the extent that a reasonable person with vital characteristics (race, age, gender) is the complainer (Hunt, et al., 2010). Concerning Ms. Reeves, therefore, she meets the conditions of a sane individual hence worthy of making claims concerning the hostile work environment.

Nevertheless, to be eligible for the claim, Ms. Reeves, who serves as the victim should be in a position to show that the workplace meets the claim for "Hostile Work Environment Sexual Harassment." Firstly, the victim should be able to demonstrate that she was subjected to annoying sexual harassment. Secondly, the harassment revolved around the sex of the victim. Thirdly, the pestering was sufficiently pervasive or severe to the extent that it altered employment conditions and led to the emergence of an abusive work environment. Fourthly, the relationship that existed between the individual committing the harassing acts and the employer should be sufficient to impose liability toward the or CITATION Cat12 \l 1033 ganization (Cates & Machin, 2012). Thus, the kind of sexual harassment apparent at C.H. Robinson subjected Ms. Reeves to undesirable sexual behavior, as she felt offended by the language prevailing in the workplace. The harassment was also based on the sex of the victim while it was severe to the extent that it led Ms. Reeves to resign from working for the organization. Furthermore, since the individuals committing the harassing acts were employees of the organization, they also imposed liability on their employer.

Possible Liability

Irrespective of whether sexual harassment is carried out by outsiders, such as independent contractors, it is essential to realize that the responsibility of an employer does not change. Any employer should take appropriate steps to end harassing acts or face legal liability. Any company is also legally responsible for any form of sexual harassment directed at employees by third parties if the firm was aware concerning the problem and failed to take immediate steps and ideal corrective action CITATION Gre08 \l 1033 (Greenwald, 2008). For example, in case an employee complains that an independent contractor is harassing her, the company should ensure it investigates the situation immediately. It should also inform the independent contractor concerning the issue and make sure that the behavior ends. Nonetheless, while a company lacks sufficient control toward independent contractors as opposed to its employees, it should terminate the relationship it has with the outsiders in case the behavior does not stop CITATION Cat12 \l 1033 (Cates & Machin, 2012). Therefore, in the Ingrid Reeves vs. C.H. Robinson Worldwide Inc. case, the possible liability is to ensure that the harassing behavior is stopped or otherwise end the contract with the third party to make sure that the company does not face legal consequences.

References

BIBLIOGRAPHY \l 1033 Cates, S. V., & Machin, L. (2012). The state of sexual harassment in America: What is the status

of sexual harassment in the US workplace today? Journal of Global Business Management, 8 (1), 133-138.

Greenwald, J. (2008). Hostile workplace ruling could be influential. Business Insurance, 42

(18), 3-126.

Hunt, C. M., Davidson, M. J., Fielden, S. L., & Hoel, H. (2010). Reviewing sexual harassment in

the workplace - An intervention model. Personnel Review, 39 (5), 655-673.

Marcus, C. J. (2010). Reeves v. Robinson Worldwide Inc. Retrieved from

http://caselaw.findlaw.com/us-11th-circuit/1505666.html