...1. To: Teddy’s Supplies’ CEO From: Stephanie Oco, Consultant Subject: Review & potential liabilities resulting from Virginia Pollard’s claim. The CEO of Teddy’s Supplies regarding the case that has been brought against the company by former employee, Virginia Pollard, has requested this review. I will be reviewing the case to determine if Teddy’s has any liability issues and what specific facts are relevant. There are several factors that are at play that would make Teddy’s legally liable: 1. Virginia Pollard is claiming to be a victim of “gender based harassment” while being the only female employee holding a position within the warehouse department. The harassment, taunting and pranks played by fellow co-workers was not reported to her supervisor due to the fact that Mr. King, too participated and permeated the behavior. 2. Although, Ms. Pollard did not file a formal complaint against her co-workers or supervisor she may have felt threatened by the behavior of her direct supervisor Mr. King, when attempting to report the incidents he responded in a tone that was unprofessional in nature and quite frankly made statements that furthered the harassment and hostile environment. 3. The company is not safeguarded by it’s current sexual harassment policy and fails to provide employees with proper avenues to report sexual harassment, quid quo pro, or any conduct that creates a hostile work environment which in turn leaves the company severely liable to future...
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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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...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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...in which the employee feels pressured to give something in order to gain a work-related benefit. An employee may feel like she has to endure the harassing conduct or submit to requests for sexual favors to get or keep a job, obtain an employment benefit, or avoid getting in trouble at work. The harasser might actually state this type of threat, or it could just be implied from the harassers conduct. A “hostile work environment” is when the harasser’s unwanted sexual conduct either interferes with the employee’s ability to perform her job, or creates a work atmosphere which is intimidating, offensive, or hostile. (http://www.las-elc.org/factsheets/sexual-harassment.html). Pollard was a victim of a hostile work environment. In Faragher vs. City of Boca Raton (No. 97-282), the Supreme Court ruled that companies may be held liable if supervisors sexually harass workers even if the employees do not report the harassment. b. repeat question. c. Do you agree that Pollard was disparately treated? Why or why not? In your answer, define disparate treatment. Yes, I feel that Ms. Pollard was disparately treated, as evidenced by the Hardhat sign. She was treated differently because she was a female. The plaintiffs in a disparate treatment case need only prove that membership in a protected class (in this case, gender) was a motivating factor in the employment decision, not that it was the sole factor (42 U.S.C. 2000e-5(g)(2)(B)(i) (overruling in part Price-Waterhouse v. Hopkins, 490...
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...in which the employee feels pressured to give something in order to gain a work-related benefit. An employee may feel like she has to endure the harassing conduct or submit to requests for sexual favors to get or keep a job, obtain an employment benefit, or avoid getting in trouble at work. The harasser might actually state this type of threat, or it could just be implied from the harassers conduct. A “hostile work environment” is when the harasser’s unwanted sexual conduct either interferes with the employee’s ability to perform her job, or creates a work atmosphere which is intimidating, offensive, or hostile. (http://www.las-elc.org/factsheets/sexual-harassment.html). Pollard was a victim of a hostile work environment. In Faragher vs. City of Boca Raton (No. 97-282), the Supreme Court ruled that companies may be held liable if supervisors sexually harass workers even if the employees do not report the harassment. b. repeat question. c. Do you agree that Pollard was disparately treated? Why or why not? In your answer, define disparate treatment. Yes, I feel that Ms. Pollard was disparately treated, as evidenced by the Hardhat sign. She was treated differently because she was a female. The plaintiffs in a disparate treatment case need only prove that membership in a protected class (in this case, gender) was a motivating factor in the employment decision, not that it was the sole factor (42 U.S.C. 2000e-5(g)(2)(B)(i) (overruling in part Price-Waterhouse v. Hopkins, 490...
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...harassment. Mr. King’s conduct was sufficiently serious to alter the conditions of Ms. Pollard’s employment and constitute an abusive working environment. Teddy’s Supplies can be held liable for the harassment of its supervisory employees because the harassment was pervasive enough to support an inference that the employer had "knowledge, or constructive knowledge" of it; under traditional agency principles Mr. King and the other male workers were acting as the agents for Teddy’s Supplies when they committed the harassing acts. Two recent Supreme Court cases have set forth a new test for determining when an employer is vicariously liable for a hostile work environment created by a supervisor. In Burlington Industries v. Ellerth, and Faragher v. Boca Raton, the Supreme Court held that “[a]n...
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...THE Professional Practice S E R I E S James W. Smither Manuel London EDITORS Performance Management Putting Research into Action A Publication of the Society for Industrial and Organizational Psychology Performance Management The Professional Practice Series The Professional Practice Series is sponsored by The Society for Industrial and Organizational Psychology, Inc. (SIOP). The series was launched in 1988 to provide industrial and organizational psychologists, organizational scientists and practitioners, human resources professionals, managers, executives and those interested in organizational behavior and performance with volumes that are insightful, current, informative and relevant to organizational practice. The volumes in the Professional Practice Series are guided by five tenets designed to enhance future organizational practice: 1. Focus on practice, but grounded in science 2. Translate organizational science into practice by generating guidelines, principles, and lessons learned that can shape and guide practice 3. Showcase the application of industrial and organizational psychology to solve problems 4. Document and demonstrate best industrial and organizationalbased practices 5. Stimulate research needed to guide future organizational practice The volumes seek to inform those interested in practice with guidance, insights, and advice on how to apply the concepts, findings, methods, and tools derived from industrial...
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...Professional Practice S E R I E S THE James W. Smither Manuel London EDITORS Performance Management Putting Research into Action A Publication of the Society for Industrial and Organizational Psychology Performance Management The Professional Practice Series The Professional Practice Series is sponsored by The Society for Industrial and Organizational Psychology, Inc. (SIOP). The series was launched in 1988 to provide industrial and organizational psychologists, organizational scientists and practitioners, human resources professionals, managers, executives and those interested in organizational behavior and performance with volumes that are insightful, current, informative and relevant to organizational practice. The volumes in the Professional Practice Series are guided by five tenets designed to enhance future organizational practice: 1. Focus on practice, but grounded in science 2. Translate organizational science into practice by generating guidelines, principles, and lessons learned that can shape and guide practice 3. Showcase the application of industrial and organizational psychology to solve problems 4. Document and demonstrate best industrial and organizationalbased practices 5. Stimulate research needed to guide future organizational practice The volumes seek to inform those interested in practice with guidance, insights, and advice on how to apply the concepts, findings, methods, and tools derived from industrial and organizational psychology...
Words: 215290 - Pages: 862