Rabidue V Osceola The Case Rabidue V. Essay

Rabidue v Osceola The case Rabidue v. Osceola Refining Co. presented some very important ideas about civil rights, freedom of expression and sexual harassment. The purpose of this essay is to examine and review this case by using logical argument and empirical evidence to present a supporting opinion on the findings. My personal views on sexual harassment will be presented first before analyzing the both majority and dissenting sides of the argument. Finally this essay will present a hypothetical solution to the problem that Osceola was presented with in this particular case.

The idea of reason is very important in developing a practical and working definition of the term " sexual harassment." The term creates strong emotional reactions due to the personal nature of both sexual behavior and personal boundaries. To truly understand the power of this term it is important to break down each word and select an appropriate defintion to help create and model a reasonable argument.

According to the U.S. Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Sexual Harassment, " Title VII does not proscribe all conduct of a sexual nature in the workplace. Thus it is crucial to clearly define sexual harassment: only unwelcome sexual conduct that is a term or condition of employment constitutes a violation. 29 C.F.R. § 1604.11(a). The EEOC's Guidelines...

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Exchanging ones labor for wages comes at some forfeiture of personal freedom and any type of harassment, sexual or otherwise, must be expected at some level of this agreement. In this case, Ms. Rabidue did have some reasonable expectation that her working conditions had the potential of being offensive and the only right she possessed was to simply walk away from her situation.
Men and women are sexual creatures and eliminating this human feature within the workplace will always be a challenge as long as this practice continues. This social experiment is relatively new to Western culture as women within the private sector workforce has grown significantly over the last 50 years. Cherry (2005) offered a reasonable cause for such cases of sexual harassment. She suggested that "This view of women as only working temporarily is still an active stereotype. Single women were seen…

Sources Used in Documents:

Works Cited

Cherry, M. (2005). How to Succeed In Business Without Really Trying (Cases): Gender Stereotypes and Sexual Harassment Since the Passage of Title VII. Hofstra Labor & Employment Law Journal, June 2005, 22, 511-548. Retrieved from http://law.hofstra.edu/pdf/academics/journals/laborandemploymentlawjournal/labor_cher ry_vol22no2.pdf

Rabidue v. Osceola Refining Co. 805 F.2d. 611 (6th Cir. 1986) page 436 in Employment Law for Business (6th ed.)

U.S. Equal Employment Opportunity Commission. Enforcement Guidance Memorandum. 19 Mar 1990. Retrieved from http://www.eeoc.gov/eeoc/publications/upload/currentissues.pdf


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