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Sexual harassment within the workplace
Case study of sexual harassment in the workplace
Sexual harassment in the work environment essay
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Recommended: Sexual harassment within the workplace
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. Question: Assess whether Anna has a valid claim under Title VII. Title VII of the Civil Rights Act of 1964 Anna’s claim comes under the broad rubric of the unlawful employment practice of sexual harassment which has become known as “hostile work environment” developed under Title VII of the Civil Rights Act of 1964: (a) Employer practices It shall be an unlawful employment practice for an employer - 1. to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s... ... middle of paper ... ...e Court under Title VII of the Civil Rights Act of 1964 in Harris v. Forklift Systems, Inc. (1994), and the employer can be held vicariously liable under the standards of Burlington Industries, Inc. v. Ellerth (1998), so she should prevail in her case against her employer. Works Cited Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (U.S. Supreme Court 1998). Colorado State University-Global Campus. (2014). MGT 515-1 Module 3. Harris v. Forklift Systems, Inc., 510 U.S. 17 (U.S. Supreme Court 1994). Kubasek, N., Brennan, B., & Browne, M. (2012). The legal environment of business: A critical thinking approach (6th ed.). Upper Saddle River, NJ: Pearson Education. Meritor Savings Bank v. Vinson, 477 U.S. 57 (U.S. Supreme Court 1986). Remington, J., Heiser, R., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Upper Saddle River, NJ: Prentice Hall.
If there is a substantial proof that Ms. Smith choice of dressing violated the company’s dress code than it can be built as a claim of harassment, else it is not relevant and cannot
The next class that is going to be protected is harassment. The EEOC is going to state harassment as any unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Anna could possibly be protected under this class if the harassment came form the boss. Since the harassment came from others in the
Maria DeSimone, 40 years old; wife and mother of two children of Palm Bay, Florida, was refused employment at the establishment in which she applied to. The circumstances surrounding the case were as follows. Ms. DeSimone possessed two years of previous restaurant experience, she applied for a position at Texas Roadhouse of Palm Bay to the manager of the facility. When she never heard back from the manager (who said he would get back to her); she happened to be discussing the situation with a friend; the friend told her that Texas Roadhouse had just hired her 19-year-old daughter to the position in which she had just applied for. Previously when she had not heard back from the manager about the position, he told her that “they weren’t hiring at this time” (Lee and Hymowitz,
The plaintiff did not report the incident to her supervisor or the human resources department, possibly due to fear. The next morning of the last incident, the plaintiff reported the harassment to the police. Nevertheless, the plaintiff remained working at the store becoming more and more depressed. I do feel that the supervisor had a duty to follow up with the minor employee to ensure her safety. At a minimal, she should have been asked if she was okay, or needed to talk about anything. As a minor, the employer should have taken action against the adult, male employee. More consideration should have been taken in protecting the minor as well as the store’s brand. There is potential negligence on behalf of the supervisors as well as the company. The supervisor should also be held responsible because he was aware and did not take any form of action. It would appear that the supervisor and the harasser both played a part in the behavior. National has attempted to support their claims by indicating the employee failed to comply with the company’s sexual harassment policy. National knew of the harassment and failed to implement prompt and appropriate corrective action. National was aware because the plaintiff’s fiance’ reported the harassment to his supervisor on two separate occasions. The supervisor had the authority and should have informed the human resources department to taken action against the allegations (Vijayasiri, 2008). National policy on sexual harassment should not be any reason for them to not be held liable for negligence. In conclusion, evidence of a hostile work environment, harassment, and negligence on behalf of the defendant is evident in the
Title VII of the 1964 Civil Rights Act states that it is unlawful for an employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin…" 42 U.S.C. 2000e-2(a)(1). This law was enacted in an effort to set right the wrongs of the past and instill equity in the workplace; yet a new set of wrongs and social injustices have been created. This newly created set of wrongs and injustices are referred to as reverse discrimination. Reverse discrimination is discrimination against a majority class, and is ever increasing in public-sector employment.
Mathis, R. L., & Jackson, J. H. (2010). Human resource management (13th ed.). Mason, OH: Thomas/South-western
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
Roberts, Barry S. and Richard A. Mann. ?Sexual Harassment in the Workplace: A Primer.? n.pag. On-line. Internet. 5 Dec 2000. Available WWW:
Harassment has been an issue in the work force and in many other fields for decades, leading all the way back up to 1964. The United States Congress passed Title VII of the Civil Rights Act, prohibiting discrimination at work on the basis of race, color, religion, national origin and sex. There are many different types of harassment that many do not even know that they can be accused for. Through out my research I will be naming every type of harassment and presenting an article for each topic.
Every public and private employer in the State of California (except the federal government and religious, non-profit corporations or associations) is subject to the California Fair Employment and Housing Act’s (FEHA), which prohibits against sexual harassment in the workplace. Individual supervisors, managers and non-supervisory employees are individually subject to the FEHA’s anti-harassment provisions. The goal of the FEHA is to familiarize supervisors and managers with their responsibilities under California law for responding to, and preventing, sexual harassment. Although federal law imposes similar duties as those required by the FEHA, there are some important differences that will be highlighted in my paper.
Fisher, C., Schoefeldt, L., & Shaw, J. (1996). Human resource management. (3rd Edition). Princeton, NJ: Houghton Mifflin Company.
Each year many people first become aware of sexual harassment when they are harassed in the workplace. Today in the United States there still seems to be a need for general information about sexual harassment. Many people are unaware of exactly what sexual harassment is, how it affects its victims, where it happens, and what to do if it happens to them. There are many laws that protect people from sexual harassment and provide them with information about what to do if you should ever be in this situation (Wyatt, 2000).
KANE-URRABAZO, C. (2007). Sexual harassment in the workplace: it is your problem. Journal Of Nursing Management, 15(6), 608-613. doi:10.1111/j.1365-2834.2007.00725.x
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition
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.