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Misplaced Affections: Discharge for Sexual Harassment

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Misplaced Affections: Discharge for Sexual Harassment
Summary
Mrs. Beverly Gilbury, a fifth grade teacher who was working in the district’s Advanced Learning Program, on June 11, 2008, filed with the district’s EEOC officer a sexual harassment complaint against her coworker Mr. Lewiston.
After the investigation, the district concluded that Lewiston’s actions created an “extremely sexually hostile” environment for Gilbury. The investigative report recommended dismissal based upon the grievous conduct of Lewiston.
Peter Lewiston, a senior maintenance employee, was terminated on July 15, 2008 by the governing board of the Pine Circle Unified School District (PCUSD) for violation of the district’s sexual harassment policy.

Evaluate the conduct of Peter Lewiston against the EEOC’s definition of sexual harassment.
Analysis of the facts
The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as any type of behavior, comments, gestures, and actions of a sexual nature that creates a hostile work environment for an employee (Snell & Bohlander, 112). Additionally, the EEOC states that harassment is illegal when it is so frequent or severe that creates a hostile or offensive work environment for a person (an applicant or employee) (www.eeoc.gov/laws/types/sexual_harassment.cfm).
According to the events reported by Lewiston and Gilbury, Mr. Lewiston incurred in the following unlawful behavior while working at school:
• On May 25, 2008 Lewiston told Mrs. Gilbury that he was “very fond” of her and that she has “very beautiful eyes.”
• On June 7, 2008 Lewiston sent her a dozen of roses and a card in which he wrote “Please forgive me for thinking you could like me. I played the big fool! Yours always, P.L.” Later that day he asked her to lunch.
• On June 8, 2008 Lewiston sent her a card with a hand written note in which he stated “I hope you can

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