NAME: VICENTE, ABIGAIL P.

DATE OF SUBMISSION: SEPTEMBER 21, 2020

I. SUMMARY OF THE CASE:

Midge Watson has been working in the Bookkeeping Department of Best Fits Sporting Goods
Manufacturing Company for four years as senior bookkeeper. Susan, her co-employee, showed interest
in her despite Midge having a boyfriend. Midge began to feel uncomfortable with Ms. Susan because of
what she had acting strange. There was an instance where Susan sat on the edge of the right desk
besides Midge’s desk and asked her if she liked to go dancing. She said it to her supervisor, Mr. Mike
Polski. His supervisor just advised her not to pay attention to Susan's action, it may mean nothing. One
day, when Ms. Midge returned to the warehouse of the company, Ms. Susan jumped off from her chair
and walked briskly over her, smiling. She put her arms around Ms. Midge and hugged her tightly. After
stroking Ms. Midge’s back and patting her on the rear end, she looked into Midge’s eyes and told her:
Midge, I really missed you. I’m glad you’re back.”

Midge was completely startled, shocked, and afraid. She began to cry. She ran from the office back to
her department. She entered Mike Polski’s office and described what just happened.

II. ANSWERS TO CASE QUESTIONS

1. Is this case of sexual harassment?

According to Republic Act No. 7877, Section 3, under CSC Resolution No. 01-0940, No.3: The act or series
of acts might reasonably be expected to cause discrimination, insecurity, discomfort, offense or
humiliation to a complainant who may be a co-employee, applicant, customer, or word of the person
complained of. Therefore, what Susan did to Midge maybe subject as a series of acts of sexual
harassment. Considering that Midget felt discomfort and offended. As a result she had startled, shocked
and afraid and cried.

2. Does the company have a responsibility and/or liability?

As per Section 4, Duty of the Employer or Head of Office in a Work-related, Education or Training
Environment. – It shall be the duty of the employer or the head of the work-related, educational or
training environment or institution, to prevent or deter the commission of acts of sexual harassment
and to provide the procedures for the resolution, settlement or prosecution of acts of sexual
harassment.

Under Section 5: Liability of the Employer, Head of Office, Educational or Training Institution. The
employer or head of office, educational or training institution shall be solidarily liable for damages
arising from the acts of sexual harassment committed in the employment, education or training
environment if the employer or head of office, educational or training institution is informed of such
acts by the offended party and no immediate action is taken thereon.

Since the supervisor, Mr. Mike Polski had been informed by her staff, Ms. Midge Watson for what
happened, the company shall be liable to do some immediate action regarding to the alleged sexual
harassment incidence that was took place.

When supervisors turn a blind eye towards sexual harassment, the employer can be held liable for
supervisors’ missteps or failure to acknowledge incidents of unlawful harassment and discrimination.
Many employers take a firm position on a supervisor’s role in reporting and responding to incidents of
sexual harassment.

3. What should the supervisor do now?

Together with supervisor’s responsibilities, is to receive complaints and resolve problems. In this case,
Mr. Polski has to act on report of sexual harassment by reporting it to human resources staff person
with the responsibility for investigating employee complaints. If the company doesn’t have a human
resources department, a high-ranking manager should be assigned as the employee-in-charge with
investigating and resolving complaints of sexual harassment.