A Female employed by a Subcontractor experienced Sexual Harassment
A woman, addressed as D, who worked for a subcontractor of the Southern Sun hotel group endured sexual harassment in the workplace by a man, Morgan Masemola, who worked directly for the hotel group. Masemola was accused of removing nude photos of D and her cousin K from D’s mobile phone while both individuals were in the workplace.
After D learned that Masemola had violated her privacy, she kindly requested through WhatsApp that he deletes the nude photos. Masemola rejected D’s request by saying “you do not believe the iron is hot.” D replied in a vulgar manner saying “F**k you.” Immediately following the decline to D’s photo removal request, Masemola allegedly demanded sex from D and her cousin K in a response stating, “you both gonna give me sex @ the same tym oh else to Facebook on Saturday.”
Although D and Masemola shared a heated conversation, Masemola didn’t budge in terms of deleting the photos. The next step to end this nightmare for D was to get the police involved. D followed suit, and finally Masemola deleted the nude photos. According to the court’s perspective, it appears that Masemola threatened D by saying that he will post her photos on Facebook in order to coerce her into fulfilling several sexual favors.
Masemola admitted to being aware of the sexual harassment policy that states “sexual harassment by any employee of another person will not be tolerated and will be subject to serious disciplinary action.” In spite of the sexual harassment policy that the workplace upholds, Masemola continued to engage in his intentional misconduct.
Southern Sun Hotel Group dismisses Masemola from the Workplace
Masemola stated that the hotel group should not terminate his employment or subject him to disciplinary action. He argued the D used profanity towards him, and the sexual harassment took place outside of the workplace. The court informed Masemola that his actions triggered the profanity D used. They also disclosed that her actions, in no way, justify his deliberate action to sexually harass an employee affiliated with the Southern Sun hotel group.
An arbitrator was present along with the court. According to the arbitrator, Masemola’s second argument regarding the sexual harassment occurring “outside of work” held no merit considering he obtained access to the photos while D was at work. It is important to note, that D and Masemola shared the same workspace. D conceded that after Masomola placed her in an uncomfortable position through sexually harassing her, she felt offended, couldn’t take the sight of Masemola, and genuinely believed that Masemola “infringed her dignity.”
The arbitrator reviewed the entire case and determined that although the verbal sexual harassment occurred at an alternate location, Masemola’s misconduct had a negative effect on the workplace.
The court’s verdict stated, “The employer owes a duty towards his or her employees as well as clients, suppliers, contractors, and others who have dealings with the employer … to protect them from sexual harassment. This duty exists even if such sexual harassment takes place outside of the work premises and formal working hours as such conduct impacts on the working environment” according to Rand Daily Mail.
The employer made the right decision by dismissing Masemola from the workplace. He violated each code of conduct regarding sexual harassment including unwanted advances, insults, and safety concerns. Throughout the court session Masemola failed to express remorse or regret for his actions that caused a serious problem for Southern Sun hotel group, which confirms that the decision to dismiss Masemola was undoubtedly correct.
Have you ever been a victim of workplace sexual harassment in New York City, Miami, New Jersey, or Philadelphia? If so, contact our New York, New Jersey, and Philadelphia sexual harassment lawyers at the Derek Smith Law Group, PLLC for outstanding legal representation with your sexual harassment case. For more information on sexual harassment, read our Employment Law Blog.
New York City, New Jersey and Philadelphia Employment Attorneys
If you feel you have been the victim of workplace sexual harassment in New York, New Jersey or Philadelphia or if your employment rights have been violated, then you should immediately contact the NYC, NJ, PA sexual harassment lawyers at the employment law firm of DEREK T. SMITH LAW GROUP, PLLC. No one deserves a hostile work environment.
Call today to schedule a FREE sexual harassment legal advice Consultation in NY, NJ & PA with one of our top rated sexual harassment attorneys here at the Derek Smith Law Group you can reach us online or by calling 877-469-5297. Our NYC employment law attorneys handle a variety of cases involving sexual harassment, racial discrimination, and other employment-related claims. We serve clients throughout New York, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We also have offices in New Jersey, Philadelphia, and Miami to serve you.
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