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Case Study

A woman sues her company for sexual harassment by a senior executive. During settlement discussions, she is offered a large monetary settlement on the condition that she confirms the executive did nothing wrong and agrees not to publicly discuss the incident. Her lawyer later reveals the executive has likely done this before, and the large settlement is because the company should have previously fired the executive but wants to keep him due to his financial value to the company. This raises ethical issues of bribery, as using money to absolve wrongdoing violates justice and fairness, and of sexual harassment by abusing power over a subordinate for sexual favors, which companies have a duty to prevent.

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Norvie Aine Caalem Pasia
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6K views2 pages

Case Study

A woman sues her company for sexual harassment by a senior executive. During settlement discussions, she is offered a large monetary settlement on the condition that she confirms the executive did nothing wrong and agrees not to publicly discuss the incident. Her lawyer later reveals the executive has likely done this before, and the large settlement is because the company should have previously fired the executive but wants to keep him due to his financial value to the company. This raises ethical issues of bribery, as using money to absolve wrongdoing violates justice and fairness, and of sexual harassment by abusing power over a subordinate for sexual favors, which companies have a duty to prevent.

Uploaded by

Norvie Aine Caalem Pasia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

CASE:

A woman is sexually harassed by a top-level senior executive in a large company. She sues
the company, and during settlement discussions she is offered an extremely large monetary
settlement. In the agreement, the woman is required to confirm that the executive did
nothing wrong, and after the agreement is signed the woman is prohibited from discussing
anything about the incident publicly. Before the date scheduled to sign the settlement
agreement, the woman's lawyer mentions that she has heard the executive has done this
before, and the settlement amount is very large because the company probably had a legal
obligation to dismiss the executive previously. The company however wants to keep the
executive because he is a big money maker for the company.

ETHICAL ISSUES INVOLVED:

a. Bribery

Bribery is an attempt to make someone do something for you by giving the person
money, presents, or something else that they want. With that regard, it can be
inferred that bribery is very apparent in the case at hand.

Offering money to the woman involved just to vindicate the grossly immoral
conduct committed by the senior executive, is unethical and morally wrong as it
rules against justice and fairness.

One shall not be exonerated of a crime just because he is in a better place in the
society and the other is not. One who deliberately committed a wrongful act must be
served with appropriate sanction.

In law life, society, employment or in any other aspect, whether you are a manager
or an ordinary employee, every person must act with justice, give everyone his due,
and observe honesty and good faith.

b. Sexual Harassment

In context, sexual harassment can be committed by an employer, or any other 


person who, having authority, influence or moral ascendancy  over another in a
work or training or education environment, demands, requests or otherwise
requires any sexual favor  from the other, regardless of whether the demand,
request or  requirement for submission is accepted by the employee or student, for
that matter.
In the given case, a woman is being sexually harassed by a top-level senior executive
of the company. There being a moral ascendency between the senior executive and
the woman employee established a clear case of sexual harassment which is
sanctioned by law.
Invoking your position or authority against your subordinate to gain sexual favor is
grossly immoral and very unethical. It is the responsibility of the employer to
prevent workplace sexual harassment, and not perpetrating nor tolerating it.
Workplace must always be a safe place for employees, regardless of their rank or
status in the company. Sexual harassment is unacceptable. Hence, it must be
condemned, not tolerated.

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