Masters Theses

Date of Award

12-1993

Degree Type

Thesis

Degree Name

Master of Science

Major Professor

Carol Costello

Committee Members

Wayne Quinton, Mark McGrath

Abstract

The purpose of this research was to identify the developing trends of sexual harassment cases in the hospitality industry. The evolution of the court's definition of sexual harassment was noted, and settlements decided by the courts was reported. Recommendations to deter sexual harassment in the hospitality industry were made. The sexual harassment cases were found in research journals housed at the University of Tennessee Law Library in Knoxville, Tennessee. The journals used were West's Federal Practice Digest, American Law Review, American Jurisprudence, American Law Reporter, and Corpus Juris Secundum. A West Law computer search and a Lexis computer search, also, were used to find sexual harassment cases. For the purpose of this study, the term hospitality industry referred only to hotels and restaurants. Each case was read and summarized. The findings were reported chronologically to reveal any variations of the law which had occurred over time. The definitions and awards were noted, and recommendations for the future were made. Examining the hospitality cases from 1980 to 1993, some trends were noted. One trend was the rise in the number of sexual harassment cases. Another was as time proceeded, the judgements were more likely to be for the plaintiff than the defendant. The definition of what the courts Consider to be sexual harassment and issues considered to be sexual harassment have increased. Employer liability has also increased over time. Because the costs remain so high, employers need to stop sexual harassment. Employers need preventive programs. To establish a program, a company needs a clear, well-written anti-harassment policy and a well-defined procedure for receiving and investigating complaints. During training, employees need to be told what is considered to be sexual harassment, how to report it, and what steps will be taken to prevent sexual harassment. These methods can help to deter sexual harassment.

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