Sexual Harassment lawsuits often include wrongful discharge Essay

Sexual Harassment lawsuits often include wrongful discharge - Essay Example More specifically, after announcing the relevant decision, an employee has to leave his/ her work without – practical – having any financial claim (compensation, lost benefits and so on) against the employer. Of course, the fact that employee was forced to quit – i.e. that it was not his/ her own willing but the result of the pressure made on him/ her because of specific facts taking place in the workplace – maybe leave space for relevant claims. In law, such a situation is commonly known as constructive wrongful discharge; employees that were forced to quit do not always manage to persuade the court regarding the facts on which their decision was based – i.e. a constructive wrongful discharge is rather difficult to be proved in practice; as a result an employee who suffered sexual harassment can be left with no work and no compensation even if he/ she had no other alternative but to proceed to the specific reaction (i.e. to quit). The specific issue has been extensively examined in the Courts across USA; the court’s decisions tend to vary in accordance with the circumstances of each particular case and the ability of the employee to convince the Court regarding the real facts of the particular conflict. In any case it has been proved that sexual harassment lawsuits are based on their majority on constructive wrongful discharge. The various aspects of sexual harassment are not particular difficult to be understood. They can involve in both verbal and actual harassment that is characterized by sexual references by the other employee’s (including the manager’s) side. The specific issue (sexual harassment is not easy to be described and analyzed especially if taking into account the conditions in modern workplace). In accordance with Feary (1994, 649) ‘sexual harassment does not result from ignorance about fact or law; it is a problem which will be resolved only when