35–7. Sexual Harassment. Jamel Blanton was a male employee at a Pizza Hut restau

Question

35–7. Sexual Harassment. Jamel Blanton was a male employee at a Pizza Hut restaurant operated by Newton Associates, Inc., in San Antonio, Texas. Blanton was subjected to sexual and racial harassment by the general manager, who was female. Newton had a clear, straightforward antidiscrimination policy and complaint procedure. The policy provided that in such a situation, an employee should complain to the harasser’s supervisor. Blanton alerted a shift leader and an assistant manager about the harassment, but they were subordinate to the general manager and did not report the harassment to higher-level management. When Blanton finally complained to a manager with authority over the general manager, the employer investigated and fired the general manager within four days. Blanton filed a suit in a federal district court against Newton, seeking to impose liability on the employer for the general manager’s actions. What is Newton’s best defense? Discuss. [Blanton v. Newton Associates, Inc., 593 Fed.Appx. 389 (5th Cir. 2015)] (See Title VII of the Civil Rights Act.)

Explanation / Answer

In such a scenario, Newton’s best defence would be that they have worked as per the policy and has acted based on that. As the policy and complaint procedure states that in such a situation, an employee should complain to the harasser’s supervisor. The people whom Blanton alerted were firstly subordinates and secondly not the right people. And, when Baton finally complained to a manager with authority over the general manager, Newton acted promptly with the investigation and fired the general manager within four days. So, the point is that Blanton should have reported this case to the right person early.

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