Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Sexual harassment and its effects
Case studies on sexual harassment in the workplace
Sexual harassment in the work environment doc
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Sexual harassment and its effects
Employment discrimination can take on various forms. Some types of employment discrimination are axiomatic. For instance, employment discrimination has clearly occurred if a supervisor fires an employee for being a minority. There are others, however, more subtle such as the case of Anna v. Michael. Discrimination was unequivocally happening in this case, but nailing down the reasons are not as clear as the former example. The intent of this paper is to discuss the legal reasons Anna a claim for employment discrimination, and how Title VII provisions are applicable in this case.
Discriminatory Practices Unfortunately, Anna was the victim of several discriminatory practices. Retaliation and harassment are two types of employment discrimination
…show more content…
556-7). Harassment can take on many forms. Sexual harassment – either a quid pro quo or hostile work environment – and religious, racial, or age discrimination can also create a hostile work environment (Kubasek et.al, 2015). In Anna's case, sexual harassment was clearly occuring. Michael was not basing her employment on her willingness to engage in sex, however, he was creating a hostile work environment for her. The first fact is that Michael was requiring closed-door meetings with Anna. This is not a direct violation of the law, however, it does violate company policy. While there is no insight as to why company policy dictates no closed-door meetings, deductive reasoning leads us believe that it is to discourage impropriety between a supervisor and their report. This policy was not being followed and indeed caused other employees to suspect a romantic relationship between Anna and Michael which started rumors. These rumors affected Anna deeply, and Michael did nothing to clear up the rumors even after being asked to do …show more content…
557). In Meritor Savings Bank, FSB v. Vinson, the court established that sexual harassment did not have to be quid pro quo in order to be legitimate workplace harassment (Department, n.d.). Further, the refusal of Michael to clear up the rumors makes him liable for creating the hostile work environment. As Anna's supervisor, Michael's actions made the employer liable for the sexual harassment as well (Kubasek et.al., 2015). Title VII comes in to play when considering Anna's gender. Having closed-door meetings with a male superior creates the illusion that a romantic relationship is happening. This only occurred because Anna is a female. Had this been a male having closed-door meetings with his male superior, allegations of a sexual relationship would not have been established. These harassment charges were further exacerbated by the fact that Anna was unable to advance in her
Based on the case what are two defenses against sexual harassment that can be used by an employer?
The law prohibits discrimination when it comes to any phase of employing someone, including hiring, firing, getting a raise, getting a promotion and other related stuff.
Shaw describes two types of sexual harassment, “quid pro quo” and “hostile work environment” in both cases the victim can be a man or a woman and in both cases sexual harassment is illegal.
In 2005, a female secretary filed a compliment regarding her exclusion from a social gathering on the basis of her gender. The case eventuated from an issue that the manager had not encouraged the secretary to attend the Christmas party which was served by a topless waitress. As a result of the secretary having no knowledge of the party occurring while working that night, she had become distressed by what she believed was happening...
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
...ith them by touching her breasts and other body parts and secondly he even threatened them to go on a date else he would get them fired. Both these instances come under the ambit of this law of sexual harassment. The civil rights law forbids the employer to discriminate on the basis of sex (Title VII Statute, n.d.).
Discrimination in the workplace can occur more frequently than many expect in this advanced society. The history of job discrimination in general is vast and covers many different areas. In America, the history of discrimination in the area of employment options is a sobering one that reaches far beneath the surface of what many want to know about our seemingly “fair” society.
Facts of the case: Anna’s immediate supervisor, Michael, repeatedly required that she have “closed door” meetings with him. Closed-door meetings violate company policy. Other employees were aware of these closed-door meetings and, as a result, rumors began to spread that Anna and Michael were having an office romance. In fact, in these closed-door meetings Michael tried to convince Anna to lend him money, a practice that also violates company policy. Anna repeatedly denied the request and Michael stopped asking. However, the rumors continued and affected Anna deeply. She was treated like an outcast by her co-workers. Anna asked Michael to clear up the rumors, but he found them amusing. Anna had two evaluations where she scored low points for “integrity” and “interpersonal relations” as a consequence of the rumors. She was passed over for two promotions for which she applied where her skills and experience were superior to the employees who were promoted. She filed an action against her employer on the ground that her supervisor had created a hostile work environment because he refused to stop the rumors.
Sexual Harassment is a prohibited conduct of inappropriate behavior in which an individual makes unwelcome sexual favors, requests, or any other form of verbal or physical acts in a sexual nature in which it creates a hostile environment to work in. any form of harassment that hinders or interferes with an employee’s work should be taken seriously and will not be tolerated.
Introduction- Discrimination affects people all over the world. People of all ethnicities and from all different walks of life are influenced in some way by workplace discrimination. "Discrimination" means unequal treatment. One of the most common elements discriminated against is a persons ethnicity, or their race. This is called Racial Discrimination. While there are many federal laws concerning discrimination, most states have enacted laws that prohibit it. These laws may have different remedies than the federal laws and may, in certain circumstances be more favorable than the federal laws.
Clark, C. S. (1991, August 9). Sexual harassment. CQ Researcher, 1, 537-560. Retrieved from http://library.cqpress.com/cqresearcher
Although some of the worst employment discrimination was eliminated by the Civil Rights Act in 1964, many women continue to undergo unfair and unlawful discrimination in the workplace. Even though women have come a long way, they are still being discriminated against in certain fields of work. High-end jobs, most commonly large companies and medical fields, continue to discriminate against women even though they have the same job qualifications as men.
Work plays an important role in our daily life, it is considered much more huge part of our personal life. During our daily work we make many relationships throughout our career history. Sometimes these relationships become lasting, and sometimes employment discrimination might happen. This relationships that we thought it last could be cut off by the devastation of claims of discriminatory treatment. Discrimination in the workforce has been an issue since the first people of workers in United States in the present day and as well in the past. Some employees were subjected to a harsh working conditions, verbal abuse, denial of advancement,, and many other injustices. There was also the fact that certain employees were being treated differently than other employees.
Sexual harassment in the workplace has been a huge problem in recent history. It can happen to anyone, and it can happen everywhere. It can affect all types of races, genders and ages. Statistics today show that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consumed covering sexual harassment because of the high-profile cases.
In today’s workplace, sexual harassment is a growing problem. The legal definition of sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. Another definition is the making of unwanted and offensive sexual advances or of sexually offensive remarks or acts, especially by one in a superior or supervisory position. Women and men of all ages, backgrounds, races and experience are harassed on the job. Sexual harassment encountered in workplaces is a hazard across the world that reduces the quality of working life, jeopardizes the well-being of women and men, undermines gender equality and imposes costs on firms and organizations.