Facts: Baldwin worked as a marketing representative for Blue Cross. Baldwin alleges that her new manager had frequently asked her to spend the night with him in a hotel room, invited her to his office and requested that she perform sexual act. Baldwin alleges that she has seen him move the zipper on his pants fly up and down in front of her. Baldwin also complains that Head uses profanity and makes sexually-charged jokes. She did not complain of her manager’s conduct until after three months.
Issue: 1) whether a hostile work environment was created in the workplace
2) whether the employer may be held liable for the conduct of its manager?
Holding: 1) No because harassment was not severe and pervasive enough.
2) No because Baldwin failed to take advantage of the company’s anti-discrimination policy.
Rationale: 1) Baldwin must show that she was harassed because of her sex, that the harassment was severe or pervasive enough to alter the conditions of employment. She was not able to substantiate her claim in view of the following: a) the widespread use of profanity was regularly uttered even by Baldwin; b the profanities were not aimed at Baldwin and were gender-neutral; c) the sexual conduct Baldwin experienced was not sufficiently severe or pervasive to alter the conditions of employment.
2) The employer was not liable because it was able to exercise reasonable care to prevent and correct promptly the behavior of its manager as can be seen in the following: a) it had a valid anti-discrimination policy that prohibited harassment and communicated to all employees; b) when a complaint was filed against Head the company immediately conducted an investigation which meets the requirement for conducting a sexual harassment investigation.
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