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Dispute Summary Essay

1169 words - 5 pages

AbstractAccording to the syllabus, "Alternative Dispute Resolution (ADR) is an important aspect of the court's structure in that it allows disputes to be resolved without the need forlitigation" (Augenstein). This paper will examine a past dispute involving an employee,her supervisor, and her company. It will summarize the dispute and provide an analysis of the effectiveness of the dispute resolution process. Additionally, this paper will address the following questions: "If the case was not resolved by ADR oradministratively, what options did the plaintiff have to proceed to litigation? What courts would have addressed this issue?" (Augenstein).Dispute SummaryIn this case, the Claimant "was employed by Respondent as an administrative assistant to the supervisor of Plant Operations on July 7, 1999" (Bates). The plaintiffclaimed, "from the beginning of her employment until she resigned her employment on April 5, 2000 (nine months later) she was subjected to hostile environment sexualharassment that caused her to resign her employment" (Bates). As a result, the Claimant is seeking "$25,000 in compensatory damages for emotional distress, loss of enjoyment of life and damage to her marriage, $150,000 in punitive damages and $25,000 in attorney fees" (Bates). The case was brought "pursuant to Title VII of the Civil RightsAct of 1964 (42USC 2000E,et seq) and the state Civil Rights Act RSMO 213.010et seq" (Bates).Before examining the effectiveness of the dispute resolution process in this case, let us further examine some of the facts of this case, as found by the arbitrator. The Claimant's supervisor made sexually explicit comments to the Claimant starting almost as soon as she began her employment in July 1999. The arbitrator found that "areasonable person would find those sexually specific comments to be offensive" (Bates).The Claimant's supervisor never "engaged in any behavior that involved any inappropriate sexual touching or solicited Claimant for sexual favors" (Bates). TheClaimant told the Comptroller of the company about her situation in November 1999, and requested that the matter be kept confidential. The Comptroller informed the CEO of the complaint, but not the Director of Human Resources. The CEO discussed sexual harassment with the supervisor in general terms, but the harassment of the Claimantcontinued. At this point, the Claimant presented a written list of examples of harassment to the Comptroller. She was referred to the Director of Human Resources. Upon meeting with the Director, the Claimant stated that she wanted to remain anonymous, but that she wanted the comments to stop. The Director of Human Resources told the supervisor that he needed to be careful about making sexual comments around women.The Director did not reveal the Claimant's name. The supervisor continued to make sexual comments, and the Claimant revisited the issue with the Director of HumanResources. The Director told the Claimant that she would have to reveal her...

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