Discharge for Sexual Harassment

Human Resource Strategies
The Matter of Sexual Harassment
Chapter 3 Case Study #2 Misplaced Affections: Discharge for Sexual Harassment New HR Strategy Makes a Best Company
Answer the following questions:
Evaluate the conduct of Peter Lewiston against the EEOCs definition of sexual harassment
Should the intent or motive behind Lewistons conduct be considered when deciding sexual harassment activities? Explain.
If you were the districts EEOC officer, what would you conclude? What disciplinary action, if any, would you take?
The following requirements must be met:
Write between 1,000 1,500 words using Microsoft Word in APA 6th edition style.
Use an appropriate number of references to support your position, and defend your arguments. The following are examples of primary and secondary sources that may be used, and non-credible and opinion based sources that may not be used.
Primary sources such as government websites (United States Department of Labor –, United States,), peer reviewed and scholarly journals in(Grantham University Online Library) and.
Secondary and credible sources such as,, trade journals, and publications in(Grantham University Online Library).
Non-credible and opinion based sources such as, Wikis, Yahoo Answers, eHow, blogs, etc. should not be used.
Cite all reference material (data, dates, graphs, quotes, paraphrased statements, information, etc.) in the paper and list each source on a reference page using APA style. An overview of APA 6th edition in-text citations, formatting, reference list, and style is provided.
Case Study 2
Misplaced Affections: Discharge for Sexual Harassment
Peter Lewiston was terminated on July 15, 2008, by the governing board of the Pine Circle Unified School District (PCUSD) for violation of the districts sexual harassment policy. Prior to Lewistons termination he was a senior maintenance employee with an above-average work record who had worked for the PCUSD for 11 years. He had been a widower since 2003 and was described by his coworkers as a friendly, outgoing, but lonely individual. Beverly Gilbury was a fifth-grade teacher working in the districts Advanced Learning Program. She was 28 years old and married and had worked for PCUSD for six years. At the time of the incidents, Lewiston and Gilbury both worked at the Simpson Elementary School, where their relationship was described as cooperative. The following sequence of events was reported separately by Lewiston and Gilbury during the districts investigation of this sexual harassment case.
Gilbury reported that her relationship with Lewiston began to change during the last month of the 20072008 school year. She believed that Lewiston was paying her more attention and that his behavior was out of the ordinary and sometimes weird. He began spending more time in her classroom talking with the children and with her. At the time she did not say anything to Lewiston because I didnt want to hurt his feelings since he is a nice, lonely, older man. However, on May 25, when Lewiston told Gilbury that he was very fond of her and that she had very beautiful eyes, she replied, Remember, Peter, were just friends. For the remainder of the school year, there was little contact between them; however, when they did see each other, Lewiston seemed overly friendly to her.
June 7, 2008.On the first day of summer school, Gilbury returned to school to find a dozen roses and a card from Lewiston. The card read, Please forgive me for thinking you could like me. I played the big fool. Yours always, P.L. Later in the day Lewiston asked Gilbury to lunch. She replied, Its been a long time since anyone sent me roses, but I cant go to lunch. We need to remain just friends. Gilbury told another teacher that she was uncomfortable about receiving the roses and card and that Lewiston would not leave her alone. She expressed concern that Lewiston might get more romantic with her.
June 8, 2008.Gilbury arrived at school to find another card from Lewiston. Inside was a handwritten note that read, I hope you can someday return my affections for you. I need you so much. Later in the day, Lewiston again asked her to lunch, and she declined, saying, Im a happily married woman. At the close of the school day, when Gilbury went to her car, Lewiston suddenly appeared. He asked to explain himself but Gilbury became agitated and shouted, I have to leave right now. Lewiston reached inside the car, supposedly to pat her shoulder, but touched her head instead. She believed he meant to stroke her hair. He stated that he was only trying to calm her down. She drove away, very upset.
June 9, 2008.Gilbury received another card and a lengthy letter from Lewiston, stating that he was wrong in trying to develop a relationship with her and he hoped they could still remain friends. He wished her all happiness with her family and job.
June 11, 2008.Gilbury obtained from the Western Justice Court an injunction prohibiting sexual harassment by Lewiston. Shortly thereafter Lewiston appealed the injunction. A notice was mailed to Gilbury giving the dates of the appeal hearing. The notice stated in part, If you fail to appear, the injunction may be vacated and the petition dismissed. Gilbury failed to appear at the hearing, and the injunction was set aside. Additionally, on June 11 she had filed with the districts EEOC officer a sexual harassment complaint against Lewiston. After the investigation, the district concluded that Lewistons actions created an extremely sexually hostile environment for Gilbury. The investigative report recommended dismissal based upon the grievous conduct of Lewiston and the initial injunction granted by the Justice Court.
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