1 Explain the significance of quid pro quo discrimination
In United States labor law, workplace sexual harassment can take two forms; either "Quid pro quo" harassment or hostile work environment harassment.[3] "Quid pro quo" harassment takes place when a supervisor requires sex, sexual favors, or sexual contact from an employee/job candidate as a condition of their employment. Only supervisors who have the authority to make tangible employment actions (i.e. hire, fire, promote, etc.), can commit "Quid pro quo" harassment.[4] The supervising harasser must have "immediate (or successively higher) authority over the employee.”[5] The power dynamic between a supervisor and subordinate/job candidate is such that a supervisor could use his/her position
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legal significance of independent contractor
A person who contracts to do work for another person according to his or her own processes and methods; the contractor isnot subject to another's control except for what is specified in a mutually binding agreement for a specific job.
An independent contractor contracts with an employer to do a particular piece of work. This working relationship is a flexibleone that provides benefits to both the worker and the employer. However, there are drawbacks to the relationship as well.The decision to hire or work as an independent contractor should be weighed carefully. Properly distinguishing betweenemployees and independent contractors has important consequences, and the failure to maintain the distinction can be costly.
3. Legal significance of Frolic and detour
Frolic and detour in the law of torts occur when an employee (oragent) makes a physical departure from the service of his employer (or principal). A detour occurs when an employee or agent makes a minor departure from his employer's charge, and a frolic is a major departure when the employee is acting on his own and for his own benefit, rather than a minor sidetrack in the course of obeying an order from the employer. The employer will be relieved of vicarious liability, which is usually assessed through the doctrine ofrespondeat superior for torts committed by the employee only if the employee has deemed to engage in a
The “quid pro quo” harassment culprit is a boss or supervisor that gives certain employees below them benefits if they enter into a sexual relationship, or grant sexual favors to the boss/supervisor (Shaw, p.444). This form of sexual harassment is hard to argue, the suppressor is clearly taking advantage of the subordinate, because the subordinate is at risk for losing their job if they don’t participate.
With the economy beginning to rebound, many companies are looking for every way possible to save money and/or maximize profits. One of the biggest costs incurred by any business is labor. Consequently, employers sometimes attempt to minimize this expense by utilizing independent contractors instead of employees. There are potential risks for employers who mischaracterize an employee as an independent contractor, because, while it may save payroll taxes and other benefit costs in the short term, it may lead to penalties on such taxes as well as other inadvertent violations of worker’s compensation laws, FMLA, etc, which each hold separate penalties for violation.
...hing that was not ever the easiest type of contract to navigate but over the years the requirements have continued to get more complicated and require a lot of additional effort on the contract and the contracting officer. A contracting officer does not just accept the data supplied by the supplier as acceptable. A contract officer will have to perform due diligence and verify the information submitted. This means that the contracting officer will have to verify the material costs, the labor costs, the travel costs, and any of the data supplied.
First is quid pro quo sexual harassment, which is when a supervisor demands sexual favors for employment or employment benefits. The second form of sexual harassment is hostile work environment harassment, which is when an employee frequently makes unwanted sexual comments, advancements, or anything similar to another employee (Moran, 2014). All six requirements must be met in order for the claim to be considered sexual harassment.
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conducts of a sexual nature constitute (are) sexual harassment when: (1) submission to (agree to) . . . or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals, or (2) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile (threatening), or offensive working environment” (ENotes.com...
[12] CURRAN, Simon, ‘When is a duck not a duck? The employee/independent contractor dichotomy’, Bulletin (Law Society of S.A) 26 (9) October 200etin (Law Society of S.A) 26 (9) October 2004: 23-26
Findlaw.com, 2008. Independent Contractors vs. Microsoft: Don't Treat Contractors Like Employees. Retrieved December 11, 2008 from: http://smallbusiness.findlaw.com/articles/3737.html
The two types of sexual harassment recognized today are known as "quid pro quo" and "hostile environment". According to the EEOC guidelines, quid pro quo exists when "submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting such individual". Hostile environment exists when unwelcome sexual conduct greatly disturbs an individual and interferes with the individual's job performance. Hostile environment also creates an intimidating workplace for all employees. (EEOC Compliance Manual)
According to legal dictionary (2013), sexual harassment refers to any form of unwelcome sexual behavior or advances, appeals for sexual errands, and other form of physical or verbal conduct or behavior that portrays sex nature and tends to make the working environment offensive or hostile. Any behavior or remarks that take such forms constitute sexual harassment when: Compliance to such conduct happens either implicitly or explicitly based on employment of an individual, rejection or compliance to such conduct is used to make decisions during employment and when such conduct interferes or affects performance of a person at the workplace. Sexual harassment ta...
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 sexual harassment clause is covered under this sex factor. There are two types of sexual advances. One, when the employer asks the employee to return sexual favors in condition to the employment. These favors could be verbal, non-verbal or physical. They could be of explicit or implicit in nature. This type of sexual harassment is called Quid Pro Quo sexual harassment under the law (EEOC, n.d.). The second type of sexual harassment is creating a non-friendly and non-working environment for the employee i.e. creating a hostile environment for work. In
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.
Chapter 19. p413. John G.Fleming [4] P419. Textbook on Torts 8th edition. Michael A.Jones [5] Vicarious Liability for Employers. Andrew Scott-Howman.
The U.S Equal Employment Opportunity Commission describes sexual harassment as a form of gender discrimination that is in violation of the Title VII of the 1964 Civil Rights Act. Undesirable sexual advances, request for sexual favors, and further verbal and physical conduct of a sexual nature constitutes sexual harassment, when compliance to or refusal of this behavior explicitly or implicitly affects an individual employment (EEOC).
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.