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Hostile Work Environments
Equal Employment Opportunity Commission vs. Xerxes Corporation
Fourth Circuit Court of Appeals, EEOC vs. Xerxes Corporation, no. 10-1156, April 26, 2011. Appeals court review of district court summary judgment as it pertains to a charge of a "hostile work environment on the basis of race." The case examines whether the Equal Employment Opportunity Commission provided sufficient evidence to meet the evidence standards, under Title VII of Equal Employment Opportunity, that a jury would find harassment based upon four key questions (2011, p. 16):
Harassment is unwelcome.
Harassment is based upon race.
Harassment was pervasive or sufficiently severe to alter the conditions for employment and create an abusive atmosphere.
Basis for imposing liability.
The district court initially granted a summary judgment in favor of Xerxes Corporation, that the firm operated with...
Furthermore, management responded with disciplinary action where applicable and retraining of harassment policies to curtail future incidents.
However, upon appeal the court found that there was a question of whether the firm's timeframe of response to the initial claims was immediate enough to mitigate liability. The appellate court opinion found that the initial incidences of harassment reported in June, and again in November, of 2005 prompted the firm to respond in February of 2006. Although the firm followed adequate procedures to alleviate liability thereafter, the delay and evidence of continued harassment implied that the initial response was insufficient. The firm was found to liable as a result of their tardy response to racial harassment complaints.
Senior Management Issues:
Although a firm may implement a robust harassment policy and act in good faith to root…
Works Cited
Cole, B.L. (2012). Is Your Company Prepared to Respond Promptly to an Employee Harassment Claim? Retrieved December 8, 2012, from Avvo Website: http://www.avvo.com/legal-guides/ugc/is-your-company-prepared-to-respond-promptly-to-an-employee-harassment-claim
EEOC vs. Xerxes Corporation, 10-1156 (Fourth Circuit Court of Appeals April 26, 2011).
Janson, E.J., & Sloane, R. (2011, May 7). How Fast is Fast Enough? Fourth Circuit Examines Employer's Response To Racially Hostile Work Environment Allegations. Retrieved December 8, 2012, from The Workplace Class Action Blog: http://www.workplaceclassaction.com/class-action/how-fast-is-fast-enough-fourth-circuit-examines-employers-response-to-racially-hostile-work-environm/
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