In this cas Marwan an employee at an amusement park has gotten so comfortable in his position as a costumed character that his aggressive behavior has lead him to put his hand on the rear of female park goers . One day he puts his hands on a newly employed fellow coworkers breast and when she threatens to report it tells her that he could get her fired (due to his seniority.) The employees reports him any way and his employment is terminated. I will address the following questions as it relates to his conduct; 1. Did Marwan commit sexual harassment? 2. What is the legal nature of Marwan’s employment? 3. What actions and steps should Studio Five take against Marwan? 4. Marwan’s allegation that he is being discriminated against based on his disability and what response Studio Five may have to that allegation.5. If the female employee sues Studio Five Theme Park, what defenses can Studio Five use? Are they liable for Marwan’s conduct even if they were unaware of and did not approve of Marwan 's actions? 6. If Marwan was a member of a union that had a collective bargaining agreement with Studio Five, would that …show more content…
In the scenario other things are mentioned for hypothetical purpose but work place harassment is very serious and come and I have dealt with it many times. This harassment takes many forms; unwelcome action toward an employee that makes the employee unable to do their job can cause a person to believe they are working in a hostile environment. The harassment can be based on seniority/authority (quid pro quo), sexual, racial, and religious along with other protected classes. In this case it is again clear that it is sexual harassment based on her gender, coupled with the quid pro quo in the threat to use his seniority to have her fired, not to mention the fact he committed a criminal assault if she pressed the issue is all well enough to make this a hostile work