1. Yes, Janet can prove prima facie evidence in this case by showing the following elements:
- Janet falls within a protected class being that she is an African American woman
- Janet applied for an employment opportunity for a new plant position
- The opportunity that she applied for was open and applications were being accepted
- Janet met the qualification criteria and was said by one of the hiring managers in confidence that she had the highest qualification for the job.
- Janet was denied of the plant foreman employment opportunity.
- The employer gave the position to a Hispanic male who is also part of a protected class.
The plant could easily reject these charges through their motives in the fact that they hired someone else in a protected
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Both were from different protected classes.
- The policy that was challenged was not justified as a business necessity. We know that Janet was the most qualified candidate based on the in confidence statement made by one of the hiring managers.
When Janet proves the elements of discrimination the employer (defendant) must come up with a legitimate reason for hiring Jose over Janet. From what I see in this case Janet would be able to prove disparate impact based on the plant promoting a man instead of a woman.
3. -Element One: The conduct is “Because of Sex.” Actionable sexual harassment requires that the complained of conduct must be because of the plaintiff’s gender, must be severe or pervasive, and must be unwelcome (Wiggins, 2017). Janet can indicate the fact that the plant had a past of sexual harassment based on the lewd jokes and touching of women
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The Supreme Court has held that sexually harassing conduct, if sufficiently severe or pervasive, can so alter an employee’s working conditions as to violate Title VII -- even absent actual or threatened economic injury (Wiggins, 2017). The fact that the plant had a history of this behavior and Janet brought it to the attention of her supervisor, and the supervisor blew it off with the “Boys will be boys” comment.
- Element Three: The Behavior is “Unwelcome.” The Supreme Court has stated that the gist “of any sexual harassment claim is that the alleged sexual advances were unwelcome.” Though the “unwelcome” requirement is litigated most frequently in sexual harassment cases, given that in race, national origin, and religion cases, the conduct is usually assumed to be unwelcome (Wiggins, 2017). This is fitting with the plant history of inappropriate touching of female
Despite legislation for equal opportunities, sexism is still evident in the workplace. Women have made great advancements in the workforce and have become an integral part of the labor market. They have greater access to higher education and as a result, greater access to traditionally male dominated professions such as law. While statistics show that women are equal to men in terms of their numbers in the law profession, it is clear however, that they have not yet achieved equality in all other areas of their employment. Discrimination in the form of gender, sex and sexual harassment continues to be a problem in today’s society.
Jones alleged that the governor made unwanted sexual advances towards her which she explicitly rejected (Motos, 1998). Consequently, Jones reported she suffered adverse employment action by her superiors, who “treated her rudely and changed her job responsibilities” (Motos, 1998).
This case is a “he said – she said” situation. It is unclear who initiated the relationship to begin with. Many relationships between professors and students “occur between male faculty members, frequently older and married, and female students” (Lane, 2006, p. 2) such as this one. The professor denying the sexual relationship may or may not have prevented a scandal. The student, if infatuated, may have filed a sexual complaint in retaliation for refusing to have a relationship with her. If the professor had rejected the relationship, he may have thought the student would falsely accuse him of sexual harassment. However, since the relationship did occur, he may not have believed he was doing anything wrong or thought he was “above” the
...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.).
Roberts, Barry S. and Richard A. Mann. ?Sexual Harassment in the Workplace: A Primer.? n.pag. On-line. Internet. 5 Dec 2000. Available WWW:
The Equal Employment Opportunity Commission's (EEOC) sexual harassment guidelines and the Civil Act of 1964, indicate that Susan Parker was indeed sexually harassed throughout her employment at Plastech Industries. The EEOC has created a set of guidelines that determine liability. These EEOC guidelines say that "A key factor in determining liability is whether the employer has an effective internal grievance procedure that allows employees to bypass immediate supervisors (who are often the offenders)" (Making the Sale p.46). According to the EEOC and section 703 of Title VII in the Civil Act of 1964, sexual harassment is:
Quid pro quo, which means “this or that” in Latin, is used to describe an exchange that is given, often times in terms of goods and/or services. In sexual harassment, this is illustrated as a connection that ...
Harassment on the basis of sex is a violation of Title VII of the Civil Right Act 1964. Title VII states, “Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct is made either explicitly or implicitly a term or condition of an individual’s
...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.
Written Review of David A. Robinson’s Workplace Discrimination Prevention Manual There is no doubt that employment law and laws against discrimination can be a huge confusion for employers. Law is not typically spelled out or straight forward, which makes it scary for employers across the nation. Robinson makes an attempt to dispel this confusion and bring to light laws regarding employment, harassment, and discrimination in this short book, Workplace Discrimination Prevention Manual. I will add that this was a seemingly successful attempt.
Gale Group. (2003). Gale Encyclopedia of Everyday Law. Retrieved 10 29, 2011, from eNotes: http://www.enotes.com/everyday-law-encyclopedia/sexual-harassment
In conclusion, sexual harassment in a workplace is a major problem in the modern working environment with significant impacts on organizational productivity, employee morale, and employee satisfaction. This form of discrimination occurs in various ways include requests for sexual favors, unwanted sexual advances or behaviors, threats, derogatory comments, and rape. The prevention of sexual harassment incidents requires the establishment of effective workplace policies and practices as well as concerted efforts by employers and employees.
An organization provides every necessary method before making a decision to select an applicant for the job position. A company will provide pre-employment testing/screening in order to select the most qualified candidate. An organization may decide to change its company into more diverse organization and therefore, it is their right to select more diverse employees. However, it is also important not to focus on a person’s gender, age or race. It is still very important to choose an employee who is the perfect fit for the job position. This is necessary because issues may arise and these issues may also impact the organization’s future.
Sexual harassment in the workplace is a huge problem in recent history. It can happen to anyone and it can happen everywhere. It can affect all types of races, gender and age. Statistics today shows that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consume covering sexual harassment because of the high profile cases. Sexual harassment becomes a topic on various TV shows, and on some major morning radio talk shows mostly everyday. Sexual harassment laws must be strengthened in order to fix what has become a serious problem today in the workplace.
In addition to legal measures, many governments, employers’ and workers’ organizations, and other bodies are using a range of techniques to prevent sexual harassment and help its victims. Governments, for example, issue guidance on how to design anti-sexual harassment measures and to offer counselling to workers who have been targeted. Workers’ and employers’ organizations are producing model policies and collective agreement clauses, issuing guidance on complying with laws, conducting research and providing training. At the workplace, growing numbers of employers are introducing sexual harassment policies and complaints procedures. Moreover, there appears to be an emerging consensus around what workplace policies should contain and the steps to be taken to implement them, which can be used by those employers who have yet to take action.