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Analysis Of Discrimination In The Workplace

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3. Key Facts and Analysis.
Discrimination in the office workplace, defined as when an employee experiences unfair treatment on the basis of “race, religion, national origin, disabled or veteran status, or other legally protected characteristics,” is an area of legitimate alarm in the American job market, and is prohibited by Federal Equal Employment Opportunity laws. According to these laws, discrimination extends to harassment, retaliation against an employee who files a claim about unfair treatment, and “employment decisions based on stereotypes” (EEOC).
While viewers of The Office may laugh at the antics of “Diversity Day,” the episode also portrays how to handle discrimination through the way it precisely portrays how not to handle it. …show more content…
In Texas, for instance, two employees entered into an extramarital affair. Their spouses sued the company for negligently interfering with their familial relations by failing to take action to prevent the affair. The case went all the way up to the U.S. Supreme Court, which ultimately affirmed the trial court’s grant of summary judgment in favor of the employer. While Dwight and Angela are no strangers to illicit affairs, it seems Stanley has more to worry about when it comes to angry spouses, even without Michael around to spill the beans on Stanley’s extramarital activities. As Stanley pointed out, we all know where to start looking if he ever turns up missing.
Michael’s conduct exposes Dunder Mifflin to potential liability in a sexual harassment lawsuit. Courts have held that, where a supervisor engages in harassment that results in a tangible employment action, the employer is strictly liable for the conduct. If there is no tangible employment action, the employer is not liable if it can show that it used reasonable care to prevent and promptly correct the harassment and that the complaining party unreasonably failed to take advantage of any preventative or corrective opportunities by the …show more content…
The investigation contains interviewing a witness, possibly interviewing the potential harasser, reviewing the documents and finally determining what instant and corrective steps need to be taken to stop the undesirable conduct from occurring frequently. Significantly, the employer may not transfer an employee or employee or make an employee working environments more painful because of employee grievance that’s retaliation.
Positively, if employees do complain and the employer investigates, the conduct will stop and the employee can continue to work in an environment that is free of any unwelcome conduct and harassment. And if not, know that there are other options available to the employee. The employer may have an appeal process or another person to whom the employee can complain in the human resources. If the harassment is still not effectively addressed, employees also have the option of filing a charge of discrimination with the

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