For this hypothetical, assume that you are the head of employee relations at “Best Company Ever, Inc.” (or “BCE” for short). BCE provides all employees a handbook that details the company’s “zero tolerance” sexual harassment policy and instructs employees to immediately report any incidents of sexual harassment to a manager or supervisor, BCE’s HR Department, or through the company’s compliant hotline. Anne, a manager in the Sales Department, walks by Bruce’s desk and jokingly tells Bruce that she wouldn’t mind if he “forgets” to wear a shirt to work the next day. Bruce, shocked, smiles but otherwise pretends not to have heard and keeps working. Although the office is crowded, no one is close enough to have overheard Anne’s comment to Bruce. From then on, Anne makes similar comments to Bruce whenever they are alone in the office or no one else is close by. Bruce does nothing, thinking it is only a matter of time before Anne, who is incompetent by all accounts, is replaced. After six months, Bruce is terminated for poor performance. During his exit interview, Bruce recounts all of Anne’s past actions to the HR representative conducting the exit interview and states that BCE should takes steps to ensure the next supervisor is “less disgusting.” The HR representative who conducted Bruce’s exit interview comes to you with this complaint. Questions Does Bruce have a potential claim for sexual harassment against BCE and/or Anne?Explain why or why not.Support your answer with citations to the reading materials or lecture.
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