...Employment Discrimination Trends HRA 596 July 26, 2012 Executive Summary The Equal Employment Opportunity Commission (EEOC) is responsible for investigating any legitimate claim of discrimination. Since it was created in 1965, the EEOC has investigated hundreds of thousands of claims on race, age, sex, age, religious, and disability discrimination. These investigations are then compiled into detailed reports that show the type of discrimination and the number of claims filed for each per year. These reports demonstrate that in spite of the EEOC’s continued prevention efforts in the form of education and outreach programs, the number of discrimination claims have continued to increase. The reports by the EEOC also demonstrates the current and previous trends in discrimination claims, which allow one to get an idea of which claims are prioritized, although all claims are dealt with and taken seriously by the EEOC. Employment Discrimination Trends The role of the Equal Employment Opportunity Commission (EEOC) is to ensure that federal laws put in place to prevent employment discrimination based on an applicant’s “…race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (“Overview,” n.d., para. 1). The EEOC is responsible for preventing or investigating any claims of discrimination that occur based on these criteria. The EEOC also educates employers on discrimination laws and methods of ensuring...
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...relates to discrimination and sexual harassment. Discrimination and sexual harassment are two very hot topics that are indicative of bias in the hiring process and an environment of hostility and offensiveness in the workplace. It is unlawful to discriminate against an applicant and with anti-discrimination legislation in place; the employment recruitment and selection can only be based on the potential candidate's ability to perform assigned tasks. Attributes such as the level of experience, degree of education, and the quality of skills should be the only factors of consideration with no regard to disability, age, ethnicity, gender, or other distinguishing characteristics of the applicant ("Discrimination in the Selection Process”). Sexual harassment in the workplace can come in form of sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. There are two types of sexual behaviors that are unlawful: quid pro quo sexual harassment and hostile-environment sexual harassment. Quid pro quo sexual harassment happens when an individual's submission or rejection of sexual advances is used as the basis for employment decisions or as a term or condition of employment (“Sexual Harassment”). Hostile environment sexual harassment occurs happens when there is unwelcome sexual conduct that interferes with an individual's job performance and creates a hostile, intimidating or offensive work environment. Discrimination Anti-discrimination legislation...
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... Case #8 This is sexual harassment because the manager was acting inappropriately and was propositioning his wait staff by trying to get one to perform sexual acts on him. Then the employee claimed that he retaliated in work related ways such as giving him a bad schedule and making fun of him in front of other employees. In order to resolve this issue in a professional way, Marion needs to go to the individual that is superior to Mooney and file a sexual harassment complaint. Marion could also sue Mooney directly by tort. The context of the sexual comments will also determine if slander were committed and if Marion could sue Mooney for emotional distress. If this business was a smaller company, then Marion may have to file a suit against the individual harasser, because “Title VII applies to only those employers with 15 or more employees” (Moran, 2014, p 267). If I were the owner of the restaurant, I would be concerned about this situation, because “Employers are vicariously liable for their supervisors’ tangible employment actions undertaken in return for sex with a subordinate or for a subordinate’s refusal to engage in sex. In the absence of a tangible employment action, an affirmative defense is available to the employer” (Moran, 2014, p 267). If a tangible employment action can be established then, the employer becomes totally liable and can no longer use the affirmative defense...
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...| Discrimination Research | Course Project Paper | | Tamara Robinson | Employment Law Prof. Justin Lawrence DeVry University | Define sexual harassment, gender discrimination, and sexual orientation discrimination as those terms are used legally. Be sure to note the differences between these types of discrimination in your answer. The definition of sexual harassment encompasses the request for sexual favors as well as touching, joking, commenting, or distributing material of a sexual nature that an employee has not consented to and finds offensive. (Moran, 2014, p. 265) Gender discrimination, or sexism, is defined as attitudes, conditions, or behaviors that promote stereotyping of social roles based on gender. Sexual orientation discrimination is unfair treatment or harassment because of a person’s real or perceived sexual orientation. (NOLO Law) When it comes to employment legality, these discriminations should be avoided, and if they do occur within a company, they must be addressed immediately and rectified. Failure to do so opens the company to the possibility of legal action, conceivably costing the company millions of dollars and tarnishes the reputation of the company. Provide the legal definition of "quid pro quo" (also known as "vicarious liability") sexual harassment. Provide one example of a behavior which could be found to be quid pro quo sexual harassment. Vicarious liability renders employers responsible for their supervisors’ tangible...
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...Abstract This paper explores sexual harassment and the various elements that are associated with sexual harassment. The definition of sexual harassment and some of the behaviors that are considered sexual harassment are discussed. This paper also describes the difference between sexual harassment and gender discrimination. Quid pro quo sexual harassment is explained with examples, along with what constitutes a hostile work environment. The reasonable person standard and how to determine if the behavior is unwelcome are two ways that companies can help to protect themselves. A sample draft of a sexual harassment policy is included at the end of this paper with reasons of inclusion. Sexual harassment is a very serious issue in the workplace, different from gender discrimination, and includes many different elements including a hostile work environment. According to the EEOC website, sexual harassment includes, “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Although these are the typical forms of sexual harassment that most people think of, the EEOC website continues, “Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex.” (Sexual harassment, 2010) This means that any sort of offensive joke about sexuality is also sexual harassment. Harassment does not have to happen with members of the opposite sex, it can also be of the same sex. A...
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...Equal Employment Opportunity Employment is the state of providing a good or service in exchange for money. The world no longer operates on the barter system and the recession makes it difficult to find and maintain a job. The same problems that existed prior to the recession exist today. Employers mistreat their employees in numerous ways, sexual harassment, unhealthy work conditions, and unsafe work conditions and including a clause in the employee contract that termination can occur without a cause. Employees need protection and a way to fight back against the unscrupulous dealings of their employers. The summary reviews the sexual harassment suit against American Laser Centers and the Equal Employment Opportunity Commissions role in the suit. The Equal Employment Opportunity Commissions (EEOC) charged American Laser Centers (ALC) with sexual harassment and retaliation towards a group of female employees. The result was a lawsuit and settlement of $125,000 for the female employees who were victimized. The sexual harassment began in 2006 perpetrated by the landlord of the facility. The women, including a clinic manager, faced frequent harassment, which included leering, unwelcomed touching, sexual advances, and appearances in their work area by the visibly aroused landlord. The escalation of the harassment leads to feelings of an unsafe environment, which causes a female employee to bring her brother into work for protection (Equal Employment Opportunities Commissions...
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...Discrimination at Work In a model world it would be assumed that everyone would be treated fairly when applying for a job and advancing within the field. The issue of discrimination due to diversity is still a major issue in today's time. Discrimination still plays a dominant role in the hiring, firing, and promoting of individuals. Diversity does not just include dissimilar races, but age, gender, and religion as well. Most people do not sit and analyze the larger picture. 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. Could you imagine being limited by something that has nothing to do with your skill or ability? If you look at the leadership positions of many of the world’s top companies, you will find few women occupying them. This contrast can also be related to the role of African American people in companies. It is very apparent when you think about the number of Black CEOs versus White leaders, something is preventing them from reaching the top. Although many people believe racial discrimination is mostly a thing of the past, it is still prominent as an invisible barrier in one of the most prominent areas of life, the workplace. Racial discrimination happens all the time...
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...Personnel Rights, Diversity, Sexual Harassment, and Affirmative Action Hilda Vazquez 12/9/12 PAD 530 Dr. Marion Lee Abstract There are several key elements in the composition of a successful business, and more so of a successful country. Being aware of unfair behavior toward a group of people or person's unfortunately lives within our nation today. Personnel rights are extremely important, and sacred as an employee of public administration as they still have the rights of the rest of Americans. It can become difficult for government to not continuously keep a watchful eye on each employee. Diversity continues to grow, and the more technologically savvy we become the bigger importance of diversification will be necessary. It's crucial for employers to see the importance of diversification in the work place, as it can affect their success in business. Personnel rights and diversification play vital role in the development of a fair place of employment, but even more importantly the issues of sexual harassment and affirmative action play a serious role in daily functioning of public administration. Personnel Rights, Diversity, Sexual Harassment, and Affirmative Action Personnel Rights- The rights of personnel are as follows, the right to privacy, protection against discrimination, the right to free speech. The idea is to enable personnel employees to have the same rights as any citizen of the U.S. The lines end up getting very blurry...
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... Age Discrimination in Employment Act of 1967 Vocational Rehabilitation Act of 1973 Pregnancy Discrimination Act of 1978 Federal Agency Guidelines Early Court Decisions Regarding Equal Employment Opportunity The Laws Enacted from 1991 - Present The Civil Rights Act of 1991 The Americans with Disabilities Act Uniformed Service Employment and Reemployment Rights Act Genetic Information Nondiscrimination Act of 2008 State and Local EEO Laws Religious and Other Types of Discrimination Sexual Harassment Defenses against Discrimination Allegations The Central Role of Adverse Impact Bona Fide Occupational Qualification Business Necessity Recruitment Word of Mouth Misleading Information Help Wanted Ads Selection Standards Educational Requirements Tests Preference to Relatives Height, Weight, and Physical Characteristics Arrest Records Application Forms Discharge Due to Garnishment Sample Discriminatory Promotion, Transfer, & Layoff Practices Personal Appearance Regulations and Title VII The EEOC Enforcement Process Voluntary Mediation Mandatory Arbitration of Discrimination Claims Diversity Management Potential Threats to Diversity Some Diversity Benefits Managing Diversity Implementing the Affirmative Action Program Reverse Discrimination In Brief: This chapter gives a history of equal opportunity legislation, outlines defenses against discrimination allegations...
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...Evaluate and critique the role of public personnel administration in protecting employee rights. Although public personnel administration has much in common with its private sector counterpart, there are also fundamental differences in practices between the two sectors. Many of those differences are grounded in the political environment of public management. Public personnel practices are open to public scrutiny, and partisan issues and questions of political control are always on the agenda (Nigro, Nigro, & Kellough, 2007, p.233). Public employees retain important constitutional rights when they enter the public service, and as a result, the actions available to personnel managers in the public sector are limited in significant ways. Public employees had virtually no rights in termination proceedings (Nigro, Nigro, & Kellough, 2007, p.234). For public workers, the most important change was when the Supreme Court established that they may have property and liberty interest in their jobs that warrant protection under the due process clause. Equal protection of the laws is required by the Constitution’s Fourteenth Amendment. Equal protection cases arise when government draws distinctions between people. The first standard requires that a rational basis exist for the distinctions drawn between individuals. (Nigro, Nigro, & Kellough, 2007, p.239). The second standard is strict scrutiny. This has usually been applied when government classifications limit fundamental freedoms...
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...Sexual Harassment Paper HRM320: Employment Law Professor Maccarthy DeVry University Online Felicia Rodriguez Sexual Harassment Paper Sexual Harassment can happen to anyone of any sex. Harassment can occur between employees of the same sex or different sex. Sexual Harassment includes sexual comments, inappropriate touching, unwelcome sexual advances, and request of sexual favors, verbal or physical conduct that creates an offensive or sexually charged working environment. Many people don’t understand the laws behind sexual harassment in the work force. Sexual Harassment is a form of sex discrimination that occurs in the workplace. People who are victims of sexual harassment may sue under the Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In the Federal courts sexual harassment was not recognized as a form of sex discrimination until the 1970s, because the problem was that it was originally perceived as isolated incidents of flirtation in the workplace. Employers are now aware that they can be sued by the victims of the workplace that are being sexually harassed. The courts and employers generally use the definition of sexual harassment contained in the guidelines of the U.S Equal Employment Opportunity commission (EEOC). This language has been formed as the basis for most state laws prohibiting sexual harassment. The guidelines state that unwelcome sexual advances, requests for sexual favors, and other verbal or physical...
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...Sexual harassment is a form of Sex Discrimination that occurs in the workplace. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals, or such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. A key part of the definition is the use of the word unwelcome. Unwelcome or uninvited conduct or communication of a sexual nature is prohibited; welcome or invited actions or words are not unlawful. Sexual or romantic interaction between consenting people at work may be offensive to observers or may violate company policy, but it is not sexual harassment. The law prohibits unwelcome "sexual" conduct and words or actions "of a sexual nature." Some conduct, such as hugging, may be sexual or nonsexual and must be evaluated in context. Sexual harassment may be physical, such as kissing, hugging, pinching, patting, grabbing, blocking the victim's path, leering or staring, or standing very close to the victim. It may also be verbal, which may be oral or written and could include requests. Sexual harassment is making offensive sexual...
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...LEARNING OUTCOMES 1. EXPLAIN how employment-related issues are governed in Canada. 2. DISCUSS at least five prohibited grounds for discrimination under human rights legislation and DESCRIBE the requirements for reasonable accommodation. 3. DESCRIBE behaviour that could constitute harassment 4. EXPLAIN the employers’ responsibilities regarding harassment. 5. DESCRIBE the role of minimums established in employment standards legislation and the enforcement process. 6. DISCUSS HR’s role in ensuring compliance with employment legislation in Canada. REQUIRED PROFESSIONAL CAPABILITIES ❖ Identifies and masters legislation and jurisprudence relevant to HR functions ❖ Ensures that the organization’s HR policies and practices align with human rights legislation ❖ Promotes a productive culture in the organization that values diversity, trust, and respect for individuals and their contributions ❖ Assesses requests for HR information in light of corporate policy, freedom of information legislation, evidentiary privileges, and contractual or other releases ❖ Contributes to the development of information security measures issues CHAPTER SUMMARY This chapter focuses on the legal environment in Canada. It discusses the multiple overlapping pieces of legislation that attempt to balance employee and employer rights when it comes to human rights and freedoms, employment equity, employment standards, and privacy. The chapter differentiates...
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...promoted all the way up to assistant branch manager until 1978, when she was terminated for excessive use of sick leave. After Vinson filed a lawsuit under Title VII of the Civil Right Act 1964 against the bank and Taylor, alleging she was sexually harassed during her employment at Meritor Savings Bank. Vinson alleged that she was coerced into having sexual intercourse with Taylor, out of fear of losing her job. Vinson also alleged that Taylor had made lewd comments towards her on a several occasions, as well as fondling her. Taylor denied the allegation, along with the bank, which made a point of saying that officials were completely unaware of any wrong doings on Taylor’s part, and if there was that he did so on his own volition. Federal Court for District of Columbia held that Vinson was not the victim of sexual harassment, because the alleged sexual relationship was voluntary. The decision was then brought up on appeal and reversed in favor of Vinson on the basis that if Taylor made Vinson harassment a condition of her employment, it...
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...Discrimination and Harassment in the Work Place/Education System Sexual and racial harassment refers to the action of repeated, annoying sexual comments, gazes, threats due to race, and physical contact at the workplace and in schools. The 1964 civil rights federal act makes it illegal for employers to discriminate against employees or potential employees on the basis of religion, national origin, sex, color, or race. Now, companies and education entities around the world face the task to ensure decent working conditions for their employees and students in an environment free from discrimination and harassment. In cross-cultural companies, it's rather difficult because of the peculiarities of the mentality and the differences in cultural practices, but it is necessary to solve the problem of discrimination and harassment. Sexual and racial harassment is a common problem for both women and men; it not only leads to discrimination in labor, loss in wages, low productivity and stress, but also influences the general atmosphere of lawlessness and violence. There are many forms of discrimination, especially in the workplace. Before we get into the different types of discrimination, we need to define the word discriminate, which means to make a “distinction in favor of or against a person or thing on the basis of the group” or class, especially on the grounds of race, age, or sex. Discrimination around us First, let’s talk about discrimination; could you imagine...
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