ostile work environment for a worker within the context of employment law in relation to sexual harassment?
If the answer to the above question is ôyesö, does the customerÆs behavior in this case rise to the level necessary to create a hostile working environment within the context of sexual harassment?
If the answer to the above question is ôyesö, did the offended employee take the necessary actions to bring the problem to the attention of the management of the company?
If the answer to the above question is ôyesö, did the company management, once notified of the existence of the problem, take appropriate and effective action to remedy the situation?
If the above answer is ônoö, what is the likely effect in terms of action against the manager by the Equal Employment Opportunity Commission?
The first question involves the potential for a customer to create a hostile work place within the context of employment discrimination law. In Rodriguez-Hernandez v. Miranda-Velez (1998) the First Federal Circuit Court of Appeals ruled that a third-party, such as a customer, can create a hostile workplace in relation to sexual harassment within the context of employment discrimination law. The second question concerns a determination that the behavior of the customer did or did not rise to the level of creating a hostile workplace for Myrna. The sexually-oriented behavior of the customer in this case made the complaining employee, Myrna, feel uncomfortable to the point of interfering with the performance of her work. The third question concerns whether Myrna brought the problem to the attention of Simon and asked his to (a) stop his offensive behavior toward her and (b) relieve her of the requirement to serve Simon in the future. The fourth questions concerns the appropriateness and the effectiveness of managementÆs action once notified of the situation. Stuart only mentioned the issue briefly to Simon after some perio...