The Female Employer May Sue For Emotional Distress

The female employer may sue for emotional distress. Prior to suing, she must show that she filed with the federal or state EEOC. Depending on her state, she may also be required to file with her local Fair Employment Practices Agency (FEPA). The female employer could file a Workers Compensation claim. In the Supreme Court of Virginia. Ms Butler filed a workman s comp claim, Butler v. Southern States Coop. Inc., __ Va. __, 620 S.E.2d 768 (Nov. 4, 2005), stating among other things, her employer was responsible for the emotional distress when a co-worker grabbed her and tried to kiss her while conducting business duties. However Ms. Butler lost her case, with the courts stating the workers compensation law does not cover distress, due to sexual harassment. Workers Compensation is a law that compensates employees when they are injured while working. A company with three employees are less are usually exempt. The employee does not have to prove it was the fault of the employe r to receive the compensation. In workers comp claims, the employer is not able to use contributory negligence, assumption of risk, and the fellow-servant rule to their defense. Also, the injury has to be work-related. Even if the accusation of sexual harassment could not be proven, the company would not have been liable for Marwan s actions. Marwan was of a â€Å"seniority† position, which exempts Studio Five from liability regarding sexual harassment. Had Marwan been a non-supervisoryShow MoreRelatedEssay on Bus 520 Assignment 11503 Words   |  7 Pagesfollows I will argue for the use of CRA’s in the workplace. Secondly, I will present a counter argument for the use of CRA’s. Then we will then look at the ethical principles involved in the use of CRA’s. Lastly I will present another option that may be available for addresses these consensual relationships. First, let’s look at what brought about the need for CRA’s. 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