Page 62 - Mini-Module 9

In Chen V. Tamarus Rus & Another, the complainant, an employee sued
the first accused (his senior) as well as the second accused (the company)
for sexual harassment on the basis of a sexually hostile working
environment committed through the course of his employment. The
complainant claimed to have been fired from second accused (the
company) in part due to the fact that he had filed a complaint against the
first accused for sexual harassment. The preponderance of the evidence
of the alleged incident took the form of e-mail communications in the
office, with occasional incidents occurring outside the office. The judge,
upon investigation, found that the actions and sexual advances of the
accused were invited, asked for, enjoyed by the complainant on
numerous occasions, and were thus not seen as unwelcoming. Because
the complainant never made it known to the accused such proclaimed
objections, the accused did not realize that the complainant did not
welcome her advances. Moreover, it was also found that the complainant
was discharged from the company not on the basis of his sexual
harassment complaint. In part due to the fact that the company made all
employees sign a letter indicating the intolerance of sexual harassment in
the company, it had sufficiently discharged the company from any sexual
harassment liability that may arise on the part of their employees.

Other examples of sexual harassment may include:

• Discomforting or insulting sexual comments, words, action, jokes (such
as cartoons) or implication

• Physical contact without the consent of the individual

• Demands for sexual requests and/or in association with threats

• Any sort of communication (such as electronic messages or visual
displays) of a sexually suggestive nature

• Sexual humiliation or intimidation

• An Invitation for intercourse

• Being spied on while dressing or showering

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