Reference no: EM133418504

Question 1. The staff Christmas party Two months after Amy started work as a short-term contract delivery person, she attended the staff Christmas party at a local hotel. She alleges on arriving at the hotel with her sister, a group of about 10 male co-workers wolf-whistled and made sexual remarks about Amy and her sister. Shortly afterwards, a coworker, Evan, walked over to the table where Amy and her sister were sitting having a drink. He started to dance, and lifted his T-shirt, exposing his stomach and chest. He then allegedly proceeded to loosen his pants and turned around and bent over, exposing his bare backside directly in front of Amy and her sister.

Later in the evening, while Amy was playing pool with another co-worker, Evan allegedly approached Amy from behind and pulled down her top, exposing her right breast. She claims she hit Evan over the head with her pool cue because she was frightened and embarrassed. After this incident, Mark, another co-worker, approached Amy and tried to wrench the pool cue from Amy's hand. Amy claims she was also intimidated by Evan, because he was sitting across the room, staring at her. Amy complained to her manager the following workday about these incidents.

A) Does this constitute as harassment?

B) Does the employer have an obligation to investigate?

C) Based on the information you have been given, what would be your determination