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Harassment in the Workplace
Harassment manifests in a number of different ways, including verbal, physical, visual, and sexual. Verbal harassment involves racial slurs, religious epithets, or disparaging physical remarks. Physical harassment is defined by physical abuse; this can involve injury, or it may be characterized by any restriction on an individual's physical space and movement. Meanwhile, visual harassment concern any forms of insulting visual posters, computer messages, etc. Finally, sexual harassment involves any unwanted sexual overtures. Common causes of harassment involve gender, age, sexual orientation, religious affiliation, physical disability, socioeconomic status, or one's family. Harassment often has pervasive consequences beyond the act(s) committed, and it affects worker productivity and morale.
The supervisor has a responsibility to take immediate action when harassment surfaces. People may be sensitive or embarrassed to report harassment, so the supervisor should constantly be aware of the potential for harassment and quell any instances before they develop.…
Nondiscrimination principles are to be implemented for non-U.S. citizen employees as well.
e) Federal contracts
Finally, in terms of the federal contracts, however this is not the case with Pomodoro Inc., it is noted that intense emphasis is placed on equal employment rights and non-discriminative employment. When employers enter contracts with the federal institution, the details of each contract would be negotiated based on the specifics of each collaboration.
f) Other workplace standards
Under this category of other workplace standards, the United States legislation regulates issues such as lie detector tests, reemployment, whistleblowers, nondiscrimination and other similar issues. The following represent some of the more notable regulations:
Lie detector tests are usually prohibited for use by the private employers
Whistleblowers cannot be discriminated against within the workplace as a result of a filed complaint
When plants close or mass layouts are completed, employees receive a 60 days notice (calendar days)…
2009, Employment law guide: laws, regulations and technical assistance services, United States Department of Labor, http://www.dol.gov/elaws/elg / last accessed on October 21, 2011
2009, Penalties for sexual harassment, Avvo, http://www.avvo.com/legal-guides/penalties-sexual-harassment last accessed on October 21, 2011
2011, Harassment law and legal definition, U.S. Legal, http://definitions.uslegal.com/h/harassment / last accessed on October 21, 2011
hat laws would she base this on? To justify your employment decision, what factors need to be addressed?
According to the U.S. Equal Employment Opportunity Commission Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. If this African-American candidate was denied employment based upon her race or gender, the office would be in violation of federal employment law. To protect itself, the office might wish to point to its policy that it is an Equal Opportunity Employer or demonstrate that African-American employees are present in the office, as if a pattern of discrimination in hiring and promotion on the part of the company can be demonstrated, that will add weight to the woman's case.
However, according to Nolo.com "the law does not require employers to give any explanation at all," as to why someone was not hired and…
How can I prove I was turned down due to employer discrimination?"
Nolo.com. 2007. 21 Mar 2007. http://www.nolo.com/article.cfm/catId/D348BE73-C552-4D58-B00586C0C0909EFA/objectId/D92FA15A-7770-4492-A29F17D1D8403561/104/150/269/QNA/
Title VII of the Civil Rights Act of 1964." The U.S. Equal Employment Opportunity Commission. 21 Mar 2007. http://www.eeoc.gov/policy/vii.html
Sexual Harassment and Diversity Learning Activities
Sexual harassment can only occur on campus and during school-sponsored events.
Correct, sexual harassment can occur off campus and outside regular hours, at parties, conferences, community functions and other non-sponsored events. Your score is 100%.
It is okay to tell sexual jokes in the workplace, as long as no one complains.
Correct. Sexual jokes are inappropriate in the workplace. Your score is 100%.
Hattie works for Ace Modeling Agency and one of her key clients has sexually harassed her on a business trip. Hattie reported this behavior to her manager, Jim Pondell, but Jim told Hattie to put up with the behavior since the client said he would drop the account if Hattie doesn't work with him on it alone.
Hattie quit the agency when the client's behavior grew more threatening.
Krieger, N.; Waterman, P, D.; Hartman, C.; Bates, L.M.; Stoddard, A.M.; Quinn, M.M.; Sorensen, G. & Barbeau, E.M. (2006). SOCIAL HAZARDS ON THE JOB: WORKPLACE ABUSE, SEXUAL HARASSMENT, AND RACIAL DISCRIMINATION-- A STUDY OF BLACK, LATINO, AND WHITE LOW-INCOME WOMEN AND MEN WORKERS IN THE UNITED STATES. International Journal of Health Services, 36(1), 51-85.
New Learning Media. (2011). Sexual Harassment and Diversity Learning Activities. Indiana University.
Sexual Harassment at Teddy's Supplies: Case Analysis
Teddy's Supplies' CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy's case that impact liability. Include your opinion of the "worst case" of damages the company may have to pay to Virginia.
As an independent council for Teddy's Supplies, my immediate recommendations would be to agree to a financial settlement awarding damages to Pollard. It seems clear according to the decisions rendered by the NJ Human Rights commission that Pollard was the victim of gender discrimination and sexual harassment. Moreover, it is clear beyond a reasonable doubt…
2. The NJ Human Rights commission found that Pollard was the victim of sexual harassment and disparate treatment. Please answer these questions:
a. Provide the most current definition of "sexual harassment," including a definition of quid pro quo and hostile environment sexual harassment. Name an appellate court case in which an employer was found liable for either quid pro quo or hostile environment sexual harassment. Describe the facts of the case and the decision the court came to in the case. Include the citation to the case and a link to it online. Would the case apply to Pollard's case? Why or why not? Would you want to use this case in Teddy's favor or Pollard's favor?
The case in question brings to mind a far more prominent case which occurred in 2006. The case of Anucha Browne Sanders is a particularly compelling one as it strongly reinforces a precedent with respect to the responsibility to be taken by organizations within which sexual harassment is allowed to persist or even enabled by a complicit organizational leadership. This is said to have been the scenario in the case of Anucha Brown Sanders vs. Isiah Thomas, the New York Knicks and Madison Square Garden. Based on testimony from many individuals associated with or employed by the organization, including prominent basketball players, a jury established that Thomas was guilty of continuous and unwanted advances upon Browne Sanders and that at times his language toward her was abusive and laced with obscenities. The grand jury further established that the Knicks had largely facilitated a culture of sexual inequality, laxness with respect to harassment issues and a general objectification of
Law Sexual Harassment
Teddy's Supplies' CEO
In pursuing the facts of the case I think Teddy's is having a written sexual harassment policy and a method for employees to report sexual harassment -- either to the supervisor or in secret by using the www.eportTeddysafely.com. As an employer some of the necessities stipulated by law have been followed. The Supreme Court defined two principles regarding the sexual harassment at the workplace. Firstly the employer is liable for harassment vicariously. In Burlington Industries, Inc. v. Ellerth, 118 S. Ct. 2257 (1998), and in Faragher v. City of Boca aton, 118 S. Ct. 2275 (1998) and thus the courts held that the employer is always liable for a supervisor's harassment if "it culminates in a tangible employment action. However, if it does not, the employer may be able to avoid liability or limit damages by establishing affirmative defenses that includes two…
Gebseret Al. v. Lago Vista Case. (1998) "GEBSERET AL. v. LAGO VISTA INDEPENDENT
SCHOOL DISTRICT CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 1998" Retrieved 14 August, 2012 from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=96-1866
Mogilefsky v. Superior court of Los Angeles City. (1993) "Mogilefsky v. SUPERIOR COURT
OF LOS ANGELES CTY., 20 Cal. App. 4th 1409 - Cal: Court of Appeal, 2nd Appellate Dist., 4th Div. 1993" Retrieved 14 August, 2012 from http://scholar.google.co.in/scholar_case?case=5900849414320203357&hl=en&as_sdt=2&as_vis=1&oi=scholarr&sa=X&ei=A24qUMP8JcHQrQe8j4CABw&ved=0CEQQgAMoADAA
As a result, one would anticipate that any efforts to hamper speech discussing the appropriate role of women in society would be seen as hampering religious and/or political speech.
However, it also seems to be a basic affront to the notion of equality to suggest that women should have to endure sexually harassing behavior in order to be in the workplace. Speech is, almost without fail, a component of sexual harassment claims. Those who engage in sexually harassing behavior use speech to convey their messages. Sometimes these messages are overt demands that establish cases of quid pro quo sexual harassment. Other times, the speech or symbolic speech is less overt, but, instead, may feature things like provocative pictures of women displayed in the work place.
This overtly sexual speech in the context of sexual harassment cases has not become a significant First Amendment issue is not a surprise. Not only…
Gerard, J. (1992-1993). The First Amendment in a hostile environment: A primer on free speech and sexual harassment. Notre Dame Law Review, 68, 1003.
Kent, a. (1994). First Amendment defense to hostile environment sexual harassment: Does discriminatory conduct deserve constitutional protection? Hofstra Law Review, 23(2),
Shao, R., Rupp, D., Skarlicki, D. & Jones, K. (2013). Employee justice across cultures: A meta-
The first type is known as "quid pro quo" harassment and it occurs when someone in power, such as a supervisor or a professor, promises or denies something in exchange for sexual favors. For example, if a boss tells his secretary he will give her a promotion if she sleeps with him, that would qualify as quid pro quo sexual harassment. or, if a professor tells a student that if she doesn't sleep with him, he will give her an F. For the course, this would also qualify as quid pro quo sexual harassment.
The second type of sexual harassment is known as "hostile environment" sexual harassment. This involves a pattern of behavior that creates a hostile environment in which an individual feels uncomfortable working. For example, a woman working in an office where all of the men have Playboy centerfolds hanging over their desks could be considered a hostile…
Gordon, Linda Howard, the Sexual Harassment Handbook, Career Press, 2007. Print.
Orlov, Darlene and Roumell, Michael T., What Every Manager Needs to Know About Sexual Harassment, AMACOM/American Management Association, 2005. Print.
Saguy, Abigail, What Is Sexual Harassment?: From Capitol Hill to the Sorbonne, University of California Press. 2003. Print
Sarabyn, Kelly "Victory for Free Speech in DeJohn v. Temple," Fire's the Torch, (August 4, 2008) Web. http://www.thefire.org/index.php/article/9574.html
Sexual harassment has been an issue of debate for many years. Sexual harassment often exists in the workplace and at educational institutions. The purpose of this discussion is to explore this topic as it relates to same sex sexual harassment. Let's begin our discussion with a definition of sexual harassment.
Definition of Sexual Harassment
According to a book entitled, "Sexual Harassment in America: A Documentary History" "Sexual harassment is a form of sex discrimination which is a violation of Title VII of the Civil ights Act of 1964. The EEOC's guidelines define two types of sexual harassment: "quid pro quo" and "hostile environment."(Stein, 1999)
The quid pro quo type of sexual harassment involves sexual advances that are unwelcome, physical or verbal conduct of a sexual nature, or requests for sexual favors. These actions are seen as quid pro quo harassment when (1) submission to these actions are made either explicitly…
Achampong, F. (1999). Workplace Sexual Harassment Law Principles, Landmark Developments, and Framework for Effective Risk Management. Westport, CT: Quorum Books.
Dubois, C.L., Knapp, D.E., Faley, R.H., & Kustis, G.A. (1998). An Empirical Examination of Same- and Other-Gender Sexual Harassment in the Workplace. Sex Roles: A Journal of Research, 39(9-10), 731.
Early sexual harassment allows the cultural norms surrounding the glass ceiling and the unequal treatment of women in the workforce to continue. esearch demonstrates that the affects of sexual harassment have a life-long affect that can set the woman up for later sexual harassment. Once the pattern of sexual harassment is established, it can be difficult to break for both the woman and the harasser.
Understanding the seriousness and the long-term consequences of sexual harassment is the first step in making the case that stronger laws and interventions are needed. However, stronger laws can only go so far. The establishment of programs to help women help themselves is needed. These programs need to be culturally sensitive and take into consideration the religious, cultural, and social attitudes of the women who fall victim to harassment. The next step in research into sexual harassment needs to entail the development of such programs.…
Barak, A. (2007). Sexual Harassment on the Internet. Social Science Computer Review. 23 (1):
Houle, J., Staff, J. And Blackstone, A. (2007). The Psychological Impact of Sexual Harassment
During the Early Occupational Career, Paper presented at the annual meeting of the American Sociological Association, TBA, New York, New York City Online < August 11,
The Impact of Workplace Sexual Harassment on Employees and Employers
Sexual Harassment (SH) is a subject that has made its way into the normative, professional lexicon. SH used to be a topic that was not taken seriously because it was a part of the workplace environment that was normal and was not subject to punitive consequences, though there are occasions that are exceptions to the rule. SH is a subject that must be taken seriously by every employee or member of an organization. SH is a subject that must be taken seriously on the individual level and on the organizational level. SH directly affects fundamental aspects of a place of employment, no matter the industry. Prevalent, pervasive, and even sporadic SH in the workplace serves as a destructive force from within and from without.
There is no workplace environment that exists that will never have one instance of SH.…
Houle, Jason N., Staff, Jeremy, Mortimer, Jeylan T., Uggen, Christopher, & Blackstone, Amy. "The Impact of Sexual Harassment on Depressive Symptoms During the Early Occupational Career." Society Mental Health, Vol. 1, No. 2, 89 -- 105, 2011. Available from: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3227029/ . 2014 January 10.
Jackson, Robert A. & Newman, Meredith A. "Sexual Harassment in the Federal Workplace Revisited: Influences on Sexual Harassment by Gender." Public Administration Review, Vol. 64, No. 6, 705 -- 717, 2004.
Lim, Sandy, & Cortina, Lilia M. "Interpersonal Mistreatment in the Workplace: The Interface and Impact of General Incivility and Sexual Harassment." Journal of Applied Psycholgoy, Vol. 90, No. 3, 483 -- 496, 2005.
Lim, Sandy, & Cortina, Lilia M. "Personal and Workgroup Incivility: Impact on Work and Health Outcomes." Journal of Applied Psychology, Vol. 93, No. 1, 95 -- 107, 2008.
The company should then establish clear procedures with regard to reporting of cases and the way they are handled, this can be done by establishing a competent body to handle this issue. The last step is enforcement of the policy, when all this is done then the policies will help safeguard the employees and at the same time reducing on company liabilities since there will be few cases to handle.
Who should be responsible?
Most companies have handed over the responsibility of protecting employees against sexual harassment to the employees themselves claiming that it is them who allow it to happen. Similarly, many individuals have raised the same argument and made recommendations supporting such a move. This should not be the case and is actually one of the factors that have led to the widespread of this vice. Matters are made worse when individuals are given the task of collecting…
Equal Opportunity Employment Commission. (2002). Facts about sexual harassment. Retrieved March 2, 2010 from http://www.eeoc.gov/facts/fs-sex.html
Meloy, J.R. (1998). The psychology of stalking: Clinical and Forensic Perspectives. New York:
Mullen, P.E., et al. (1999). A study of stalkers. American Journal of Psychiatry, 156 Prekel, Truida (2001). Sexual Harassment: Causes, Consequences and Cures, Retrieved March 2,
Just like with other forms of sexual assault, sexual harassment brings a set of impacts and consequences such as having physical effects, emotional effects, job and school related effects and current and future financial penalties. Harassment also has harmful costs on the environment that victims are in and can lead to an aggressive and less productive work and school surroundings. It costs businesses and schools due to the damaged morale, lawsuits and absenteeism that occur because of it. It permits for the degradation of women and men and the continuation of gender inequalities (Anderson, 2006).
The psychological brunt on the victim of sexual harassment can be huge. Understanding the psychological effects of harassment is difficult because very often the victim's reactions are masked or minimized. Sexual harassment has negative impacts on the victim, often reporting that they are distracted during the day and do not perform to their potential. They…
Anderson, Janet. (2006). Sexual Harassment. Retrieved April 27, 2010, from Web site:
Dealing with Sexual Harassment. (2002). Retrieved April 27, 2010, from Web site:
Effects Of Sexual Harrassment In The Workplace
The problems of sexual harassment cases are prevalent in almost all of the companies. In today's workplace, incidents of sexual harassment have become common. It is not unusual that a majority of companies in America are facing countless suits on sexual harassments. While many companies have addressed the problem of sexual harassment at the organizational level with policy statements and other memos, management has not paid the real attention on lowering the number of sexual harassment in the workplace. The main problem occurs, as it is not clear what is a right conduct and what is a wrong conduct in case of the sexual harassment situation.
DEVELOPMENT OF PARAGRAPHS
Title VII of the Civil Rights Act of 1964 makes sexual harassment illegal, considering it to be a form of sexual discrimination. The statute, however, does not cover what kind of behavior…
Sexual harassment is a dangerous weed which needs to be rooted out from our society. This malady threatens our fundamental constitutional basis of freedom and equality for all. Implementing a good sexual harassment policy at the organizational level and strict enforcement of punishments for offenders is the rightful solution to the problem.
Sexual harassment has assumed huge proportions and is an omnipresent problem raising its hood in all social and professional domains. Women, being the weaker sex are the most affected by this social evil and all the positive achievements of the women's liberation movement have been spoilt by this malady. Gender discrimination continues to haunt us and at every level and it has cast a doubt on the general notion of America as a nation of liberty and gender equality. The corporate sector is no more a secure place for women, with sexual harassment cases getting revealed one by…
Juliene Hefter, "Sexual harassment Training for Part time or Seasonal Staff - Tip -Off," July 2003, Accessed on August 10th 2004, at http://www.findarticles.com/p/articles/mi_m1145/is_7_38/ai_106226864
Anita Hoffman, Louis Hamlin, 'Perioperative Nurses and Sexual Harassment', Retrieved on August 10th 2004, at http://www.findarticles.com/cf_0/m0FSL/5_76/94538204/p1/article.jhtml?term=
Patricia A Marvel, "Motivational Factors That Keep Women Silent About Sexual Harassment," Retrieved on August 11th 2004 from, http://www.iusb.edu/~journal/1998/Paper8.html
Kimberly A. Lambert, "An Employer's Shield: Prompt And Effective Investigation of Sexual Harassment Charges," Accessed on August 12th 2004, from, http://www.boonesmith.com/anemploy.html
This must be done with care so that the accused offender does not attempt to take retaliatory action against the accuser. The Goforth article discusses how the Equal Employment Opportunity Commission and the Ohio Civil Rights Commission use outreach programs to show business leaders how a proactive approach to sexual harassment issues can prevent lawsuits, protect bottom lines and preserve reputations. The article recommends that employers must take an active role in creating an atmosphere in which employees like to come to work. Sexual harassment in this case must be addressed on a personal level with employees, to put the challenge out in the open.
A third suggestion of how to deal with sexual harassment in the workplace is mentioned in Elliot's article. Elliot suggestions that all employers should implement and strictly enforce a sexual harassment policy, and he offers a list of items that any good policy must include.…
2010). That said, Perry notes that "we know surprisingly little" about whether the training actually creates "positive change"; and given that lack of specific knowledge, the authors present what they call the "best training practices" that are available for HR departments and managers (187).
The "best practices" factors that have proven successful in preparing HR professionals in matters of sexual harassment include: a) "Pre-training factors" (an assessment of who needs the training; how will the training take place; and what will the content be); b) "Training Design and Delivery Factors" (this is an area where there is no one good answer; in some situations "passive" methods might be best and in other situations "experiential" methods might be better); and c) "Post-training Factors" (once learning has taken place, thee needs to be "reinforcement" to keep trainees motivated to use what they learned during the training exercises (Perry, 190).
Meanwhile, Canada certainly…
Boxall, P. (2013). Mutuality in the Management of Human Resources: Assessing the Quality of Alignment in Employment Relationships. Human Resource Management Journal, 23(1), 3-
Perry, E.L., Kulik, C.T., and Field, M.P. (2009). Sexual Harassment Training: Recommendations
To Address Gaps Between the Practitioner and Research Literatures. Human Resource
Civil ights and Sexual Harassment in Criminal Justice
Sexual harassment forms a critical issue affecting almost all the organizations in the current organizational environment. Among the organizations affected, include the criminal justice organizations held with the responsibility of ensuring equal treatment of individuals in the society and different organizations. Employees working in the criminal justice organizations are highly vulnerable to sexual harassment from their supervisors and coworkers. While many people consider sexual harassment as the forcing an individual into a nonconsensual sexual act, other behaviors displaying sexually implicit photographs, posters and magazines are forms of sexual harassment in the workplace. It is highly recognizable that irrespective of the measures adopted to curb the vice such as protection of the employees and members of the society by the constitution, the cases of sexual harassment in the workplace continue to rise (Collins & Vaughn, 2004).
Sexual harassment affects one's ability to perform…
Collins, S.C., & Vaughn, M.S. (2004). Liability for sexual harassment in criminal justice agencies. Journal of Criminal Justice, 32(6), 531-545.
Publications NIJ Publication Detail. (n.d.). National Institute of Justice. Retrieved May 9, 2014, from http://www.nij.gov/publications/pages/publication-detail.aspx?ncjnumber=156663
The ADA does not specifically name all of the impairments that are covered. Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I. Title I complaints must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated…
orkplace Sexual Harassment: A Legal and Psychological Overview
orkplace Sexual Harassment, as delineated in the text by Anne C. Levy, & Michele A. Paludi (2001) is a complex issue, marrying human psychology and human sexual and cultural assumptions with the daily demands of the business environment, an environment that can be stressful for everyone where personal relations are concerned. This is why Part I of the text explains not only the American legal system regarding sexual harassment and employment law. It also looks at sexual harassment from a psychological perspective, how women have been perceived in the modern, American workplace. The two perspectives are married in many legal instances. For instance, in terms of setting what the courts have variously considered harassment, the courts have eventually evolved what is called a 'reasonable person' standard as to what constitutes harassment. This has changed and evolved, however, as cultural norms…
Levy, Anne C. & Michele Pauldi. (2001) Sexual Harassment in the Workplace. New York: Prentice Hall.
3) Implement formal and informal problem solving mechanisms, grievance procedures, investigative measures, and disciplinary procedures to resolve sexual harassment complaints.
4) at least once a year, conduct training sessions for employees. These sessions should teach employees what sexual harassment is, explain that employees have a right to a workplace free of sexual harassment and review your complaint procedure and encourage employees to use it.
5) at least once a year, conduct training sessions for supervisors and managers that are separate from the employee sessions. The sessions should educate the managers and supervisors about sexual harassment and explain how to deal with complaints.
6) Monitor your work environment by talking to employees and inspecting the workplace for offensive material
7) Take all complains seriously. Immediately investigate complains and respond to all valid threats.
8) Assess the work environment for sexual harassment awareness by surveying employees and union members.
9) Hire human…
Preventing sexual harassment in the workplace. http://cobrands.business.findlaw.com/employment_employer/nolo/ency/7440C7F8-0B89-46E4-A1DE73FE99AA61E0.html
Sexual harassment prevention http://www.workplacesolutions.org/questions/harassment.cfm
Bullying and Harassment in Colleges:
One of the major reasons why children are sent to school or colleges by their parents is to learn. However, many college campuses have become breeding grounds for bullying and harassment that affects millions of students. While the extent of bullying and harassment in colleges is still unclear, such incidents take place on the basis of sexual orientation, religion, race, gender identity, and sex (Holt, 2010). The bullying and harassment in college campuses tend to occur through email, on the Internet, and face-to-face.
As the practice has become widespread across college campuses, memories of school bullying haunt people for several years. Actually, bullied students are usually habituated to defending themselves from cruel actions to an extent that they ultimately become bullies themselves. Moreover, unsupportive teachers also contribute to the spread of bullying and development of new bullies. For instance, many victims of bullying and school…
Billitteri, T.J. (2010, December 10). Preventing Bullying -- Do anti-harassment Laws Violate
Students' Rights? Retrieved April 13, 2013, from http://library.cqpress.com/cqresearcher/document.php?id=cqresrre2010121000&PHPSESSID=18229tb5jv1c5rdg0fhotish00
Holt, R. (2010, November). Should Colleges be required to Prohibit Bullying and Harassment?
Pro-Position. CQ Researcher.
Employer Liability for Sexual Harassment
The judge's decision was appropriate for this case because it was proven that Ms. Darcy did sufficiently state the facts in the case. It was proven that Clarence was a supervisor, that there was sexual harassment, and it was a hostile work environment. The lewd remarks and having to constantly touch Ms. Darcy was not isolated events and was not just a few times, constituting the fact that it was on a continual basis. Talking to his supervisors about it brought no results.
The environment was a hostile workplace in the respects it was continual, it was more than a reasonable women would have accepted, and the demotion shows retaliation from the company in the end. It shows hostility in respects of Clarence following her up and down the line and stopping her in the hall to say lewd remarks to her. Other company employees…
The term sexual harassment refers to unreasonable intrusion into a person's personal space in relation to comments or actions of a sexual nature. There are laws dating back to the 1960s under the Civil ights Act that target this issue in the workplace. This law was enacted to prohibit this type of behavior at work in addition to providing a framework or guidelines for employers to resolve the issue. There are several types of harassment considered unlawful and the focus here is to understand and determine how employees can respond to sexual actions in the workplace that create a hostile work environment (Employment Law 2011).
There are several circumstances in the workplace where sexual advances or comments are considered inappropriate, unreasonable, even hostile according to Employment and the Law (2011). Comments that repeat innuendo of a sexual nature such as dirty jokes, lewdness or slurs against the opposite…
EEOC. com. (2011). Policy guidance on current issues of sexual harassment. Retrieved December 2, 2011 from http://www. eeoc. gov/facts/fs-sex. html
Employment Law. (2011). Sexual harassment. Retrieved December 2, 2011 from http://employment-law. freeadvice. com/sexual_harassment/types_harassment. htm
Klein, K. (2007). Unwelcome attention disorder. Business Week. Retrieved December 2,
2011 from http://www. businessweek. com/smallbiz/content/apr2007/sb20070404_174075. htm
Workplace discrimination leads to a mismatch between qualified workers and their jobs, and it carries significant economic consequences in the American workplace.
Okechukwu, Souza, Davis and Castro (2014) define workplace discrimination as unfair rules and conditions that impair the ability of group members. It is motivated by inferiority and mistreatment of the disadvantaged group over the dominant group. It is based on races and even occurs among disadvantaged groups themselves. For example, some ethnic groups are favored than immigrant workers. Discrimination does exist with respect to age, gender, and disabilities as well. Though Americans prohibit societal and historical influences among the workers through the Disabilities Act, it does persist. Workplace discrimination is unequal treatment of employees whereas workplace harassment involves negative actions toward a worker with respect to race/ethnicity, gender, etc. Sexual harassment includes sexist behavior, sexual hostility, unwanted sexual attention, and sexual coercion in which one's gender or sex…
Discrimination and Harassment
Discrimination is an act of prejudice where unfairness towards a person or group of persons is demonstrated. It is an act of unreasonably treating a person less fairly as compared to how others are treated. Discrimination can manifest itself in many instances in our lives, either within the social environment, workplace, school, and many others. In reference and respect to every person's human rights, discrimination is prohibited under human rights and constitutional laws. According to an online source, this especially includes discrimination based on the following attributes.
race, colour, sex, age, trade union activity, religion, criminal record, political opinion, marital status, impairment (including HIV status), disability (including physical and intellectual), medical record, national extraction, nationality, social origin, sexual orientation, gender identity inc. transexuality
Harassment, on the other hand, is a form of abusing or injuring a person or group of persons, either physically, mentally, or emotionally. As…
Discrimination and Sexual Harassment.
Men File Workplace Sex Harassment Claims by Sam Hananel of the Associated Press. The article was found in the Houston Chronicle at http://www.chron.com/disp/stroy.mpl/nation/6900828.html. In reporting how the number of claims of sexual harassment filed by men in the workplace is increasing, Hananel relates the story of Jonathan Pilkington. Pilkington claims that in the two years he was employed as a food runner at an upscale steakhouse, he was continuously harassed by his male boss, the chef of the restaurant. Even after Pilkington filed a complaint with management, the harassment did not stop, so he is now a witness in a federal suit against the restaurant. Hananel reports that this case is representative of the increase in reports of sexual harassment by men. According to Hananel, sexual harassment reports by men now make up about 16% of the reported cases, up from 8% in 1990. In 2009, 2,000 of the 12,700…
Of particular interest in the article is the fact that most of the claims filed by men involve alleged harassment by other men. Some cases involve unwelcome romantic advances, while some cases involve men being harassed because they are gay, perceived as gay, or not considered masculine enough for the work setting. For example, Hananel relates the case of Joseph Orcale, an employee of an offshore services company, who claimed that "two male supervisors and a male coworker made lewd advances, assaulted him with a bar of soap in the shower, and implied that his job depended on submitting to sex."
The implications for Human Resource Managers include increasing awareness that these practices constitute sexual harassment. According to Hananel, the Supreme Court ruled in 1998 that same-sex harassment is a valid claim under federal anti-discrimination laws. Activities that used to be brushed off as "boys being boys" are now considered serious complaints and are resulting in lawsuits by the EEOC. Additionally, human resource managers should make sure that all employees are aware of their rights and channels for reporting such activities.
I would recommend this article because it increases awareness of the types of activities that are considered awareness. It also serves as a reminder of the consequences of these actions as they can have serious financial impacts for the organization.
Sexual Harassment Vignette
We often made jokes about the cinematography teacher, who was among the younger, better looking female staff at the high school. She had long dark hair, dressed stylishly, and subtly showed off her nice body. However, she was an excellent instructor who truly engendered in her students a love for film and filmmaking. We spent a significant portion of our in-class time watching movies, which made for a perfect opportunity for the teacher to leave the room or do her own thing in class.
One day while the class watched a film and Ms. X sat behind her desk reading or grading papers, one of the assistant principles came in for a visit. He was a familiar face around campus and was known to be stern yet funny. I had run into him several times in the hallway and noticed that he has a certain kind of…
Cognitive Bias in Jury Damages
Utilizing Cognitive Biases to Legal Advantage
Assuming that the putative view of an ordinary citizen, unaffiliated with the judicial system, is one that the merits of a case are based solely based upon a presentation of facts is common. However, several psychological predispositions illustrate the strategic role that attorney's assume in jury selection. Understanding the philosophy underlying the moral psychology of the mind offers insights into how both the case for plaintiffs and defendants are open to suggestive framing.
The determination and award of damages in cases that comprise compensatory damages is easily quantified, however considering pain and suffering compensation presents fertile ground for legal study. Empirical studies of jury awards demonstrate that the framing of damage by plaintiffs is influential to the outcome. Similarly, preconceived notions of sexual harassment and prior psychological trauma bear influence upon cases that counsel must be aware of to…
Kovera, M.B., & Cass, S.A. (2002). Compelled Mental Health Examinations, Liability Decisions, and Damage Awards in Sexual Harassment Cases. Psychology, Public Policy, and Law, 8 (1), 96-114.
McAuliff, B., & Bornstein, B. (2009, May 22). All Anchors Are Not Created Equal: The Effects of Per Diem vs. Lump Sum Requests on Pain and Suffering Awards. Law Human Behavior, 164-174.
Given the context and the fact that being a convicted criminal and a sex offender could conceivably make the risk of any type of abuse (whether or not of a sexual nature) foreseeable, that defense is unlikely to succeed. However, generally, the knowledge of one Board member who does not disclose that knowledge to the Board will not be imputed to the rest of the Board. In any case, that issue is unlikely to matter because of the school's liability in negligence even without knowledge.
Question # 3
As previously discussed, the school is likely to be found liable to Anna for Title VII discrimination by virtue of her age because it allowed Forester to create a hostile work environment by failing to discipline either Forester or DuFrane, the other male teacher who made the hostile statement. The school will argue that even under those facts, the severity and extent…
Males of all ages routinely misrepresent their intentions with the specific hope of obtaining sexual consent from prospective female partners: typically, they feign sincerely romantic interest when their interest in the particular woman is strictly physical.
Instead of respecting how important many women consider an emotional connection as a prerequisite for sexuality, men disregard the very social mores they purport to value in their legitimate romantic interests (and for any females in their families) to exploit any conceivable opportunity to obtain sexual consent for their selfish purposes. Perhaps the most offensive element of this social dynamic is, precisely, that the same men prize chastity and even virginity in women as an ideal for their eventual life partners (Verene, p. 301).
What is most unfortunate and ironic about this situation is that to whatever degree moral rules apply to sexual conduct, they are violated much more by the duplicitous conduct typical…
Baker, R., Elliston, F. (2002) Philosophy & Sex. Buffalo: Prometheus
Verene, D.P. (1992) Sexual Love and Western Morality: A Philosophical Anthology. New York: Harper
Practice & Critical Thinking
Harassment & Bullying in the Workplace
Many people are familiar with bullying in schools and other places where children and young adults spend time, but workplaces are becoming increasingly toxic places where bullies feel they can harass and intimidate other workers (Barnes, 2012). Now that bullying problems have begun to take place in the workplace so frequently, the issue is coming to light and more must be done about it. A recent bullying situation took place at my workplace, but I was not the one being bullied. Unfortunately, the person on the receiving end of the bullying is not good at standing up for herself, so she gets bullied quite a bit. She is overweight, which contributes to the jokes and giggles that happen around her. She is a very kind and generous person, though, and it is a shame the other workers fail to see…
Barnes, Patricia G. (2012), "Surviving Bullies, Queen Bees & Psychopaths in the Workplace." NY: Patricia G. Barnes.
Bell, Arthur H. (2005). You Can't Talk to Me That Way: Stopping Toxic Language in the Workplace. NY: Career Press -- New Page Books.
Field, E.M. (2010). Bully Blocking at Work: A Self-Help Guide for Employees and Managers. AU: Australian Academic Press.
Hornstein, Harvey A. (1996). Brutal Bosses and their Prey: How to Identify and Overcome Abuse in the Workplace. NY: Riverhead Trade.
Welsh (1999) examines sexual harassment from a gender perspective and concludes that sexual harassment may be contextualized by both 'organizational and individual factors" and that gender examination is primary to the study of sexual harassment; further she claims there is no unified theoretical framework that can help explain the occurrence of sexual harassment (169).
Many studies have concluded that sexual harassment lowers morale, increases absenteeism, decreases overall job satisfaction and individual's perceptions of opportunity within the organization as well as damages interpersonal relationships (Welsh, 1999; Gruber 1992). In addition sexual harassment can have psychological and health consequences on people including nausea, stress and headaches which can impact an individual's personal and work life (Welsh, 1999). There are even studies that link frequent occurrences of sexual harassment to long-term illnesses including post traumatic stress disorders (Welsh, 1999).
Sexual harassment thus has the ability to not only affect work related outcomes but…
Acker, J. (1990). Hierarchies, jobs, bodies: A theory of gendered organizations. Gender Society, 4, 139-158.
Dellinger, K., Giuffre, P.A. & Williams, C.L. (1999). "Sexuality in the workplace:
Organizational control, sexual harassment, and the pursuit of pleasure." Annual Review of Sociology, 73.
Grauerholz, E., & King, a. (1997). Prime time sexual harassment. Violence against Women, 3, 129-148.
sexual harassment in the workplace. The writer discusses how it happens, and what can be done to stop or prevent it. The writer used four sources to complete this paper.
During the last several decades' women have entered the workforce by the millions. The entrance of females to what used to be male dominated setting has brought fresh ideas, new perspectives and other positive attributes to every field. In addition the problem of sexual harassment has moved to the limelight as more cases are heard. Sexual harassment has been a problem since the beginning of working for wages. Historically there have been cases of female workers being harassed by male superior of fellow employees and there have also been occasional charges about male employees being harassed as well. Sexual harassment has been around as long as the workforce has but it was not until the middle 1960's that it became…
Associated Press;, RTD FACES SEXUAL-HARRASSMENT LAWSUIT TWO FORMER EMPLOYEES CLAIM NO ACTION TAKEN ON THEIR COMPLAINTS, INVESTIGATIONS LACKING., Denver Rocky Mountain News, 11-16-1997, pp 29A.
Author not available, Another year of the men?; Historically speaking, three's a crowd; Sexual harrassment, one year later., U.S. News & World Report, 10-26-1992, pp. 17-18.
Sherer, Jill L., Sexually harassed. (health care industry). Vol. 69, Hospitals & Health Networks, 01-20-1995, pp 54(4).
Author not available, Insurance companies see new interest in sexual harassment policies., AP Online, 03-23-1998.
Women in the military reported being sexually harassed at six times the rate of civilian women, and reported being sexually assaulted at more than twice the rate of civilian women. Moreover, women in the military seem even more hesitant than civilian women to report sexual assault or sexual harassment. Civilian women were almost three times as likely to report sexual harassment as women in the military. Moreover, while both civilian women and military women failed to report an alarming percentage of sexual assaults, civilian women were more than three times as likely to report those assaults than military women.
While this survey makes it clear that women in the military are at greater risk of sexual assault and sexual harassment than civilian women, it does not explain why the women are at risk. Future studies should look at the impact of race and socioeconomic status on those issues, because it…
McCall-Hosenfeld, J.S., Liebshutz, J.M., Spiro, a., & Seaver, M.R. (2009). Sexual assault in the military and its impact on sexual satisfaction in women veterans: a proposed model. Journal of Women's Health, 18(6), 901-9.
Street, a.E., Stafford, J., Mahan, C.M., & Hendricks, a. (2008). Sexual harassment and assault experienced by reservists during military service: prevalence and health correlates. Journal of Rehabilitation Research and Development, 45(3), 409-19.
Anderson, Sherwood. (1919). inesburg, Ohio. New York: B.. Huebsch. Bartleby.com, 1999. 8 Jan. 2008 www.bartleby.com/156/.
Dragan, Edward F. "Setting Boundaries for Sexual Harassment." School Administrator Dec. 2006: 53. Questia. 7 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5019026469.
Duffy, Jim, Stacey areham, and Margaret alsh. "Psychological Consequences for High School Students of Having Been Sexually Harassed." Sex Roles: A Journal of Research 50.11-12 (2004): 811+. Questia. 8 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5008171353.
Lucero, Margaret a., Robert E. Allen, and Karen L. Middleton. "Sexual Harassers: Behaviors, Motives, and Change over Time." Sex Roles: A Journal of Research (2006): 331+. Questia. 8 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5022552162.
Packman, Jill, illiam J. Lepkowski, Christian C. Overton, and Marlowe Smaby. "e're Not Gonna Take it: A Student Driven Anti-Bullying Approach." Education 125.4 (2005): 546+. Questia. 8 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5009846899.
"Parents Should Speak Up about School Problems." The Register-Guard (Eugene, or) 5 Nov. 2007: A9. Questia. 8 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5023891271.
Anderson, Sherwood. (1919). Winesburg, Ohio. New York: B.W. Huebsch. Bartleby.com, 1999. 8 Jan. 2008 www.bartleby.com/156/.
Dragan, Edward F. "Setting Boundaries for Sexual Harassment." School Administrator Dec. 2006: 53. Questia. 7 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5019026469 .
Duffy, Jim, Stacey Wareham, and Margaret Walsh. "Psychological Consequences for High School Students of Having Been Sexually Harassed." Sex Roles: A Journal of Research 50.11-12 (2004): 811+. Questia. 8 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5008171353 .
Lucero, Margaret a., Robert E. Allen, and Karen L. Middleton. "Sexual Harassers: Behaviors, Motives, and Change over Time." Sex Roles: A Journal of Research (2006): 331+. Questia. 8 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5022552162 .
aragher v. City of Boca Raton
Argued March 25, 1998
Decided June 26, 1998
Beth Ann aragher: petitioner; City of Boca Raton:
Beth Ann aragher worked part-time and during summers between 1990 and 1995 as a life-guard for the Parks and Recreation Department of the City of Boca Raton, lorida. Her immediate superiors during this period were Bill Terry, David Silverman and Robert Gordon.
After resigning as a lifeguard, aragher brought an action against Terry, Silverman and the City under Title VII of the Civil Rights Act of 1964 for nominal damages and other relief, alleging, among other things, that the supervisors had created a "sexually hostile atmosphere" at work by repeatedly subjecting aragher and other female lifeguards to uninvited and offensive touching, by making lewd remarks, and by speaking of women in offensive terms. Asserting that Terry and Silverman were agents of the City, and that…
Faragher v. The City of Boca Raton (1998) is considered to be landmark decision of the U.S. Supreme Court in the area of sexual harassment in the workplace. This is mainly because until Faragher, the Appeal Courts in the U.S. had typically considered sexual harassment by employees in the workplace as "frolics or detours from the course of employment" which was "acting beyond the scope of their employment." As such, sexual harassment by employees (including supervisors) was deemed to fall beyond the scope of Restatement 219 (1) and absolved the employer of any vicarious liability.
Faragher constitutes an important departure from such a benign interpretation of sexual harassment by the courts and set more strict standards of judgment in future cases. It also forced the employers and supervisors to view sexual harassment more seriously and to implement policies of prevention in the workplace.
The Case, in fact, reflects the changing social attitudes towards sexual harassment in the American society. There was a time, when crass behavior by male employees in the workplace could go unchallenged or was ignored by women. Following the success of the Civil Rights movement in the 1960s, movements for the rights of other minorities had gained ground. By the 1990s, previous Court rulings in sexual harassment cases had become out of tune with the changed social standards. Faragher defined the parameters of sexual harassment more clearly and also broadened the scope of vicarious liability in general.
sexual harassment, and discuss aspects like defenses, judge ruling basis, cause of action, and employee's and employer's civil liability. Both discrimination and employee laws will be applied here.
Sexual Harassment Background Information
The issue of sexual harassment at workplaces poses an ethical problem, with around 50% of all women employees experiencing it during some point of time at their workplace; the effects of sexual harassment on people are always negative, and harmful (Bimrose, 2004). Thus, career guidance has a significant role to play in preparing and supporting working women, who may have already faced, or are currently, facing sexual harassment at work. ecent studies on workplace-related gender inequalities have recommended combating of stereotyping by urging women to take up non-traditional vocational training, education, and jobs.
Though the above solution is pertinent, the problem of workplace sexual harassment is not accorded due recognition. There are several reasons for this; the foremost…
Bimrose, J. (2004). Sexual Harassment in the Workplace: An Ethical Dilemma for Career Guidance Practice? British Journal of Guidance and Counselling, 23(1), 109-121. Retrieved, from http://eric.ed.gov/?id=EJ680404
Fetter-Harrott, A. (2007). How to avoid liability under federal civil rights laws for third-party harassment. Law Trends, 3(2).Retrieved, from http://www.americanbar.org/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/howtoavoidliability.htm
ISACS (n.d.).Sexual Harassment Liability under Title VII .Retrieved August 30, 2015, from http://www.isacs.org/uploads/file/Monographs/Business%20Operations/Sexual%20Harassment%20Liability%20Under%20Title%20VII.p
Mallor, J., Barnes, Bowers, T., & Langvardt, A. (n.d.). Business Law: The Ethical, Global, and E-Commerce Environment. You Be the Judge. Retrieved August 30, 2015, from http://highered.mheducation.com/sites/0073524980/student_view0/you_be_the_judge.html
Countless men are losing their jobs and families because of erroneous claims of sexual harassment. Nowadays, women press charges of sexual harassment in the workplace without taking responsibility for the way they act, speak, and dress. However, when deciding sexual harassment cases, judges and juries take into account the complainant's dress because it is a factor in determining guilt. Charging a man with sexual harassment because he made a pass at a woman in a tight blouse and a mini skirt is like convicting him for being alive. Heterosexual men are attracted to women and are generally expected to take the initiative in a new relationship. omen, on the other hand, do not act with honesty and integrity when they show up to work in skimpy outfits. Dressing provocatively sends a message about sexuality; women dress to express themselves. omen wear skimpy clothing mainly to attract attention, to…
Bowen, Marie H. "Provocative Clothing: Sexual Harassment or just sexy?" Labor and Employment. Summer/Fall 1997. Testa, Hurwitz, and Thiebault. http://www.tht.com/pubs/SearchMatchPub.asp?ArticleID=38928 Mar 2003.
Sexual Harassment Charges
The chair of the kinesiology department at a college or university confronted with a sexual harassment charge from a student concerning the inappropriate touching of a breast by a male instructor during weight training instruction and who now refuses to return to class will need to understand the legal definition of sexual harassment and relevant precedential case laws to provide an appropriate organizational response. To this end, this paper reviews the literature to provide a definition of sexual harassment, when it was implemented into law in the United States, and an analysis of selected sexual harassment cases including their validity. Finally, a recommendation for the college or university, a summary of the research and important findings concerning sexual harassment cases are presented in the conclusion.
Review and Analysis
According to the legal definition provided by Black's Law Dictionary, sexual harassment is "a type of employment discrimination [which]…
Black's Law Dictionary. St. Paul, MN: West Publishing Co., 1990.
Equal employment opportunity guidelines on sexual harassment. (1980). 45 Fed. Reg. 25025.
Gebser v. Lago Vista Independent School District. (1998). Oyez. Available: https://www.oyez. org/cases/1997/96-1866.
Lee, Robert D. and Greenlaw, Paul S. "Employer Liability for Employee Sexual Harassment: A Judicial Policy-Making Study." Public Administration Review (2000, March), vol. 60, no. 2, pp. 123-127.
Not only does this result harm a woman's self-worth, but it may also obstruct with her capability to be relaxed with her sexuality.
The terror, psychological distress, and limitations on personal liberty described in this article have apparent consequences for women as individuals. Not so apparent, are the consequences suffered by civilization as a whole. In effect, the harms of street harassment extend to its impact upon the affiliation between the sexes, upon the structure of gender in society, and upon community and political relations in general. A lot of analysts have concluded that the intention of street harassers is, in fact, to remind women of their gender identity and their place in civilization. Even though it is dangerous to draw conclusions from the effects of intentions, explanations are often gained.
This was a very interesting article. Harassment of women by strangers on the street has been around for a…
Bowman, Cynthia Grant. (1993). Street Harassment and the Informal Ghettoization of Women.
Harvard Law Review, 106(3), pp. 517-580.
Sexual harassment is one of the most common forms of gender-based discrimination that has spread in the recent past despite its impact on victims with regards to depriving them equality and dignity. Generally, sexual harassment involves sexual discrimination that infringes civil rights through unwanted sexual advances, verbal or physical sexual conduct, and requests for sexual favors in a manner that affects a person's work performance or social relations. The victims of this form of gender-discrimination and crime usually feel powerless and have low self-esteem because its most common injuries are emotional. The prevalence of this crime is evident in its current spread in the education environment as well as other workplaces.
Actions Constituting Sexual Harassment in the Education Environment
Given its current spread, sexual harassment has become common in the modern education environment. Similar to other workplaces, sexual harassment in the education environment occurs between teachers and their employers. However,…
"Davis v. Monroe County Board of Education." (1999). Wrightslaw. Retrieved November 24, 2015, from http://www.wrightslaw.com/law/caselaw/case_Davis_Monroe_SupCt_990524.html
Education Dept. Inspector General Off. Investigation Office. (1997). Sexual Harassment: It's Not Academic. Retrieved November 24, 2015, from http://corporate.findlaw.com/law-library/sexual-harassment-it-s-not-academic.html
Stier, W.F. (2005, March/April). An Overview of Sexual Harassment. Strategies, 18(4), 13-15. Retrieved November 24, 2015, from http://www.tandfonline.com/doi/abs/10.1080/08924562.2005.10591145#.U-0pcKOwU08
). This is especially true since American men and women tend to hold dramatically different views concerning what types of behaviors equate to sexual harassment, making the management of this issue even more challenging (Elkins et al.). There remains a lack of research, though, concerning what types of actions are most effective in reducing the number of sexual harassment claims in the workplace, as well as how employees actually feel about organizations that take actions against sexual harassers.
In this environment, it is not surprising that the number of sexual harassment claims continues to grow and that the awards being assigned to victims of sexual harassment continue to increase. There is simply no room in the American workplace for behaviors that discriminate against individuals based on gender or race or religion, of course, but the fact that there are some important biological differences involved in sexual harassment cases indicates that…
Elkins, T.J., Phillips, J.S. & Ward, S.G. (2008). Organizational sexual harassment investigations: Observers' perceptions of fairness. Journal of Managerial Issues, 20(1),
Bullying and Conflict in Relation to Learning About Gender and Other Forms of Equity
One of the harsh realities of life in the United States is the potential for bullying behaviors to adversely affect the learning environment for young victims, transforming the school environment from a place of learning into one that is dreaded and feared. Moreover, bullying behaviors can have a profound effect on the manner in which young people are socialized concerning gender roles as well as their perspectives concerning equity later in life. To determine the facts about these issues, this paper provides a review of the literature to develop a discussion concerning the issues of bullying and conflict in relation to learning about gender and other forms of equity and the implications these have for students and teachers. Finally, following this discussion, a summary of the research and important findings concerning these issues are presented in…
Personal incident that I witnessed at work was a case of sexual harassment on the part of one employee towards another. The behavior was ethically questionable at best and the incident was in line with ethical issues regarding sexual harassment in the workplace. This paper will describe the incident, define the ethical issues inherent in the incident, and discuss the ethical principles associated with the behavior.
I was working in a library when I witnessed a male employee sexually harass a female employee in the library's stacks. He was commenting on her choice of a top and telling her lewdly that he could see part of her anatomy through the top. He was not doing this in a sensitive manner but rather in a suggestive manner and even in a hostile way that I found to be aggressive. It was obvious that he was hurting the feelings of the girl…
The author of this report has been asked to assess and review an article that is related to the subject matter in the class text for this class. The topics that are there to be chosen from include regulation of employment, the employee/employer relationship, the Civil ights Act/Title VII, affirmative action, race, gender, sexual harassment and affinity orientation. The author of this report shall focus on sexual harassment. While the ubiquity of sexual harassment training and enforcement of laws (not to mention lawsuits) relating to the same would seem to reduce the practice by offenders, sexual harassment is apparently still alive and well.
As described by the class text, sexual harassment is basically any behavior, action or condition that is sexualized in nature and that leads to a person being sexually threatened, denigrated or made uncomfortable. Examples of sexual harassment would include having a picture of a bikini-clad…
Bennett-Alexander, D., & Hartman, L. (2007). Employment law for business. Boston, Mass.: McGraw-Hill/Irwin.
Lachman, S. (2015). A Shocking Number of States Don't Protect Unpaid Interns From Discrimination & Sexual Harassment. The Huffington Post. Retrieved 31 October
2015, from http://www.huffingtonpost.com/2015/05/27/unpaid-interns-harassment_n_7453826.html
The case of Otto May Jr. illustrates the extent of an organization’s ethical responsibility to its employees. Just as an organization is legally required to create and maintain a safe physical working environment, an organization is similarly expected to create and maintain a safe psychological and social environment. Chrysler’s organizational culture at the time of May’s employment epitomizes the concept of the “hostile work environment.” The United States Equal Opportunity Commission (2018) explicitly defines the hostile work environment in terms of harassment of employees, noting situations in which the employer is to be held liable. Business leaders should focus less on the legal or fiscal ramifications of harassment suits, and more interested in creating an organizational culture and climate that promotes employee success and empowerment. Companies like Chrysler risk losing star talent if they continue to tacitly condone harassment or perpetuate hostile work environments due to weak leadership.
Marlene was not discriminated against because of her religion, and unless she proved the union prohibited Catholics from becoming members, which would be a violation of Title VII. However, she has no anti-discrimination grounds on which to sue given there is no evidence either the union or the casino discriminated against Catholics. She could argue that she was being discriminated as the state of Nevada has 'right to work' laws which prohibit discriminating against employees who are not members of unions or who refuse to become members of unions. Merely being a member of a historically-discriminated against group is not grounds to sue -- there must also be evidence of discrimination.
The female pilots did have grounds to sue. It is illegal to mandate unnecessary requirements for specific types of employment if such requirements have a disparate impact upon protected groups, including women. Even if it…
The author of this report has been asked to conduct an interview with a human resources professional. As part of this interview, there will be a presentation of the scenario with Tim and his actions towards his coworkers. In this report will be a summary of what was learned from the interview, the recommendations that the interviewee made regarding the situation, how the information learned from the interview could and should be applied given the legal implications and whether the interviewer (the author of this report) now feels prepared to address Tom's behavior. There will also be a listing of the interview question that were used for this process and a reflection on how everything when down. While Tom may or may not mean to incendiary in his comments, he needs to be stopped and the company itself could be held liable if they do not do so…
May, D., Li, C., Mencl, J., & Huang, C. (2014). The ethics of meaningful work: Types and magnitude of job-related harm and the ethical decision-making process.
The way that a society treats its criminals is indicative of the moral character and worthiness of that society. While it is easy for us to ignore and disregard the criminals amongst us by leading them to prison and throwing away the key, an important lesson is lost in this disregard for the human experience. In California the intolerance of violent crime and action has led to the development of the Three Strikes Law, which was implemented in 1994. As a policy maker I am firmly opposed to this law as I find it to be inhumane, impractical, excessively expensive and carried out in poor taste with a snobbish attitude towards those of us who have temporarily lost our way. A new policy is needed that can help address the important facts and details particular to the State of California and its unique needs.
Batabyal, A. (2014). It's time to rethink three strike and similar laws. Rochester Business Journal, 3 Jan 2014. Retrieved from http://www.rbj.net/article.asp?aID=205046
California Courts, The Judicial Branch of California (nd). Viewed 2 Feb 2014. Retrieved from http://www.courts.ca.gov/20142.htm
Cohen, D. (2013). Latest FBI Crime Statistics Released. Right On Crime, 20 Sep 2013. Retrieved from http://www.psychologytoday.com/blog/inside-the-criminal-mind/201104/do-prisons-really-make-offenders-worse
Egelko, B. (2013). Prop. 36 3 Strikes Change working lawyers say. 9 Sep 2013. Retrieved from http://www.sfgate.com/crime/article/Prop-36-s-3-strikes-change-working-lawyers-say-4800057.php
Janove (2001) does point out that there are many victims of sexual harassment in the workplace, but that often those most affected tend to keep quite, or attempt to avoid their harassers altogether when possible.
In a case study the author points out that some managers still fail to take action against supervisors or managers that may be engaging in sexually harassing behaviors, in part because they may be engaging in similar behaviors themselves. This was shown to be more often the case in a male dominated work environment that one that was more gender neutral.
Silence according to the author does not indicate a lack of knowledge regarding H law or sexual harassment issues, but rather suggests that many employees have expressed a desire to avoid conflict rather than face the consequences of coming forth against harassers.
The author cites a study reported by Joan Kennedy Taylor in "What…
Rotundo, M., Nguyen, DH, Sackett, P. (2001). "A Meta-Analytic Review of Gender
Differences in Perceptions of Sexual Harassment." Journal of Applied Psychology, 86(5):914-922. 12, November, 2004:
GE commits itself to active achievement of diversity for enhancing the firm's performance through recognition and utilization of the diverse talents and skills of its directors, managers, and staff members. Diversity encompasses recognizing and appreciating the unique inputs of different members of an organization, owing to their different backgrounds, skill sets, viewpoints, and experiences, including individuals with concomitant domestic responsibilities. GE cherishes the differences among its workforce, as well as their contribution to the organization. GE further commits itself to abolition of discrimination and supporting diversity among its staff members. The company's aim is making its workforce a true representative of every societal group, and making every employee feel valued and capable of contributing their best.
Thus, the goal of this diversity policy is providing fairness and equality to all employees of the company, and not discriminating against anyone on the basis of gender, race, color, religion, marital…
Acas (2006). Tackling discrimination and promoting equality. Retrieved 28 July 2015 from http://www.acas.org.uk/media/pdf/j/2/B16_1.pdf
Amaguin, R. (n.d.). Implement a Sexual Harassment Policy and Avoid a Harassment Claim EmploymentLawFirms.com. Retrieved July 28, 2015, from http://www.employmentlawfirms.com/resources/employment/workplace-safety-and-health/implement-sexual-harassment-policy.htm
Caltex Diversity Policy (n.d.). Retrieved 28 July 2015 from http://www.caltex.com.au/aboutus/documents/policiesprocesses/caltex%20diversity%20policy.pdf
U.S. Equal Employment Opportunity Commission. (n.d.). Sexual Harassment. Retrieved from: http://www.eeoc.gov/laws/types/sexual_harassment.cfm
Post office would be based on harassment based on gender. I have provided you with definitions of discrimination and harassment. It would be up to you to prove that the harassment is based on gender. For example, are other female mail carriers not given auxiliary help or is it just you? If it is just you, you probably will not have a case. Here are the EEOC definitions of harassment and discrimination:
Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including:
Hiring and firing;
Compensation, assignment, or classification of employees;
Transfer, promotion, layoff, or recall;
Use of company facilities;
Training and apprenticeship programs;
Pay, retirement plans, and disability leave; or Other terms and conditions of employment.
real issue facing employees and the companies they work for, the topic of sexual harassment plagues courts and policy makers. The problem often rests with the definition: what constitutes sexual harassment? Sometimes innocent innuendo is mistaken for hostility. In the modern working environment, such hyperawareness proves unproductive. As Anne B. Fisher states in her article, "Sexual Harassment: What to Do?" "For all the seriousness of the issue, it would be a great pity if men and women got to the point of giving up on workplace friendships altogether...It will be a sad day, if it ever comes, when people are too nervous to ask a pal out for a drink," (p. 293). These sentiments are shared by Kingsley R. Browne in his exposition, "Title VII as Censorship: Hostile-Environment Harassment and the First Amendment." Drawing on legal precedent, Browne testifies about the thin line that exists today between free speech and…
McCurdy v. Arkansas State Police, 375 F. 3 762 (8th Cir. 2004)
Type of Action
The case covered in this legal brief was the case of an employee of the Arkansas State Police, that being McCurdy, filing an action against the State of Arkansas in the form of the Arkansas State Police, that being her employer. Ms. McCurdy was trying to hold the Arkansas State Police liable for the sexual harassment of her supervisor. The case in this legal brief was argued before the United States Eight Circuit Court of Appeals (Leagle, 2014).
Facts of the Case
Jamie McCurdy, while being an employee of the Arkansas State Police, was subjected to about an hour of sexual harassment. The harassment in question was explicitly banned and disallowed as a matter of policy with the Arkansas State Police. On the Friday in which the harassment occurred, Sergeant Hall (McCurdy's supervisor)…
IntroLaw. (2014, May 30). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Retrieved May 30, 2014, from http://www.introlaw.com/ed/cs/8th/04/080704mc.html
LawMemo. (2014, May 30). Employment Law Memo sample. Employment Law Memo sample. Retrieved May 30, 2014, from http://www.lawmemo.com/sample/e20040726.htm
Leagle. (2014, May 30). McCURDY v. ARKANSAS STATE POLICE | Leagle.com. McCURDY v. ARKANSAS STATE POLICE | Leagle.com. Retrieved May 30, 2014, from http://www.leagle.com/decision/20031257275FSupp2d982_11161
Query: How can we overcome sexual harassment in our schools?
Sexual harassment needs to be framed as a community issue and not as isolated incidents. A complex issue, sexual harassment becomes embedded in a culture of violence, one that condones normative gender bias and other forms of power abuses. Resolving the problem of sexual harassment in our schools requires honest self-insight, into the values that guide the organization. On a conscious level, most educators will recognize that sexual harassment does violate core concepts of social justice, yet patterns of violence and conflict are frequently unconscious and irrational. Conflict is subtle and often manifests below “conscious awareness,” (Holton, 1995, p. 79). Thus, formal policies are sometimes ineffective for addressing sexual harassment because they fail to uncover and deal with the underlying issues that are triggering the violent behavior.
To cultivate the values of social justice, educators need to create a culture…
Business Ethics Case Study -- Harassment on the Job
Applicable Ethical Systems
The principal ethical system at issue in this case is the concept of equal rights and opportunities and, even more fundamentally, the obligation of employers to protect all rights of their employees from malicious conduct and abuse from coworkers (Halbert & Ingulli, 2008). Employment law expressly prohibits harassment at work in connection with gender and also absolutely requires management to respond immediately and effectively to complaints of any such abuse (Halbert & Ingulli, 2008).
From a more general ethical perspective, the conduct perpetrated against the two female firefighters was unconscionable because it was predicated on prejudices about their gender and their rights to hold positions for which they were qualified by virtue of having passed the requisite employment tests. More importantly, the actions perpetrated against them were emotionally damaging in one case and physically harmful in the other…
Halbert, T. And Ingulli, E. (2008). Law & Ethics in the Business Environment. Cincinnati:
West Legal Studies.
Mihaly, M. "Moral Theory: The Fundamentals." Ethics & Behavior, Vol. 17, No. 4;
omerenke, J 1999, 'Class action sexual harassment lawsuit: a study in crisis communication',
Human Resource Management, vol. 37, no. 3-4, pp. 207-219.
This research examines how the media viewed Mitsubishi Motors Manufacturing of America (MMMA) following a class action lawsuit filed against them by the Equal Employment Opportunity Commission (EEOC). During the three months after the filing, media evolved from a mostly positive position to a highly critical attitude towards MMMA (omerenke 1999, p. 207).
For this study, omerenke read available literature on the sexual harassment case as well as literature about crisis communication. He also took documents in the form of official statements as well as the actual actions taken by the MMMA and analyzed them via the lens of crisis communication (omerenke 1999, p. 208).
omerenke found that the media's attitude towards MMMA completely changed during the three-month period following the filing of the class action lawsuit. During…
Pomerenke found that the media's attitude towards MMMA completely changed during the three-month period following the filing of the class action lawsuit. During that period, MMMA asked employees to attend a company-sponsored march of support which would show solidarity with those in positions of authority. However, it actually had the reverse effect. This, coupled with the hard-line defense the company took against the accusers, led the media to view the company in a negative light and thus news stories took on an obvious bias in favor of the EEOC and the persons accusing the MMMA of practicing sexual harassment (Pomerenke 1999, p. 211).
4. The article is fairly simple to read and understand. The author takes care to use terminology which most people could understand, even those not directly involved in crisis communication. The author uses sources which are easily believable, such as well-known newspapers like The Chicago Tribune (Pomerenke 1999, p. 217). This adds to the author's believability and gives credit to his findings. Pomerenke also takes care to how specifically the company manipulated employees and attempted to manipulate the media. The article also makes the implications clear for other companies about the issues presented in sexual harassment cases and make them mindful of their own behavior.
5. There are many things which businesses can learn from this research study. The first lesson, of course, is that sexual harassment is a very serious thing and can bring negative attention to even the biggest companies. Allowing unethical practices to continue unchecked in the workplace is detrimental to the company name. The case is also important in terms of crisis communication because MMMA handled their situation as wrongly as they possibly could. Instead of admitting the issue and promising to rectify it as quickly as possible, the company defended themselves and their employees. They then forced their other employees into complicity through the company-sponsored march. This made the employees who were still working for the company hesitant to report any inappropriateness in their own workplace experiences because they witnessed the negativity that comes with reporting workplace impropriety. This seriously hinders the ability of the company to find means of conflict resolution inside the company and therefore breeds further disquiet and even more problems later on. In addition, the negative reaction from the media led to an ever-expanding negative message being broadcast to the consumer about MMMA (Pomerenke 1999, p. 217). A problem which could have easily been solved internally became a national issue, something all companies should look at as an example for themselves.
Employees should be trained and educated about this issue. In case sexual harassment cases emerge, the H department must provide professional help and support for the victims. The complaints channel should be very well organized, and it should use both formal and informal methods for solving harassment cases (aymond, 2003).
A hostile environment, or a harassing one, is consisted of "unwelcome verbal or physical conduct based on race, color, religion, sex, national origin, age, disability, sexual orientation, or retaliation" (FCC, 2007). The law is very clear regarding this aspect, but individuals' perception varies in multiple ways. Individuals' perception regarding this subject should be the starting point for any anti-harassment strategy that should try to change these perceptions in order to prevent or at least diminish harassment cases.
Sexual harassment (2007). Wiipedia, the free encyclopedia. etrieved May 10, 2007 at http://en.wikipedia.org/wiki/Sexual_harassment#Sexual_harassment_in_the_workplace.
aymond, Neeta (2003). Sexual harassment at work. Combat…
Sexual harassment (2007). Wiipedia, the free encyclopedia. Retrieved May 10, 2007 at http://en.wikipedia.org/wiki/Sexual_harassment#Sexual_harassment_in_the_workplace .
Raymond, Neeta (2003). Sexual harassment at work. Combat Law. Vol. No2, Issue No.3. Retrieved May 10, 2007 at http://www.indiatogether.org/combatlaw/vol2/issue3/harass.htm .
Workplace Harassment is a Form of Discrimination (2007). Federal Communications Commissions. Office of Workplace Diversity. Retrieved May 10, 2007 at http://www.fcc.gov/owd/understanding-harassment.html .
John Brown applied for a job as a grounds worker at a federal facility and was denied employment because of his sexual orientation. He asks you to explain the law relevant to his situation. What if the same thing happened at Boston University?
Unfortunately title VII does not prohibit discrimination because of an individual's sexual orientation. Though Title VII prohibits discrimination because of sex, the word sex is interpreted gender. However, the Employment Non-Discrimination Act (ENDA), is a proposed U.S. federal law that would prohibit discrimination against employees on the basis of sexual orientation. If it happened at Boston University, the University would pursue affirmative action and adherence to state and federal laws.
Six months after Harry was hired as a part-time retail clerk, twenty hours a week, he called in sick on a Wednesday morning..At first, his mother told the store manager that Harry had the flu and would…