...1. Why was the case brought? Give a summary of the factors that lead to the case. This case is about Beth Ann Faragher, who in 1992, after resigning her position as a lifeguard brought action against the City of Boca Raton. She stated that both her supervisors, Bill Terry and David Silverman, had created a "sexually hostile environment" at work repeatedly subjecting Faragher and other female lifeguards to "uninvited and offensive touching," by making lewd remarks, and by speaking of women in offensive terms. Faragher was not the only woman being treated this way. Nancy Ewanchew had brought it to the City's Personal Director's attention hoping to put an end to the way they were being treated, however the problem continued. That is when Faragher then decided to take her case to court. She claimed that this behavior constituted discrimination in violation of Title VII of the Civil Right Act of 1964. The District Court concluded that her supervisors' conduct was sufficiently serious to alter the conditions of her employment and constitute an abusive working environment. Faragher stated that in many ways the agency relationship had facilitated Terry and Silverman in creating a sexually hostile work environment such as abusing their power to keep the workers in line while making offensive remarks. The Court held that the city could be held liable. It made that determination because of three factors. First, it considered that the harrassment was prevalent and that the city...
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...Case Review #1: Analysis of the Supreme Court of the United States case of Faragher V. City of Boca Raton (5 points). Search the internet and find The Supreme Court of the United States case of Faragher V. City of Boca Raton. Analyze and present a summary of the case. When preparing the summary, make sure you answer the following questions: 1. Why was the case brought? Give a summary of the factors that led to the case. The case is around Beth Ann Farangher, she was a lifeguard that brought to the city’s attention that her supervisors, Bill Terry and David Silverman, had created a “sexually hostile atmosphere” at work. The two super visors would initiate constant offensive touching that was un-invited and also speak about women in offensive terms. Farangher stated that Terry would repeatedly touch the female life guards without being invited to do so. The complaint contained allegations that Terry once said the he would never promote a woman to the rank of lieutenant. Silver man had also said to Faragher, “Date me or clean toilets for a year.” A major problem with the case was if the problem had been going on for a while, then it should have been brought to the city’s attention earlier. 2. Based on the case what are two defenses against sexual harassment that can be used by an employer? 3. What is the relevance of this case to Human Resource Management? The result of the Farangher case is relevant is human resource management because the manner in...
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...History 266 Professor Schneider August 22, 2012 Question 3: African American Life During Wartime War effects all members of a state, but as with most fluctuations of the norm, those most disadvantaged and underrepresented are often most affected. An often overlooked consequence of war is the fact that it throws together people from portions of the population which would never otherwise see such proximity. This has historically been at best a double-edged sword for persecuted minorities, African Americans being no exception. In the First World War, for example, African American units were grouped into segregated units under white officers, the majority relegated to often demeaning non-combat support roles. Their mistreatment at the hands of white officers and civilians alike was in some places so bad that it led to armed insurrection, as in Houston, Texas in August 1917. Here, they seized weapons and killed 17 civilians, whereupon the military sentenced 30 black soldiers to death and 41 others to life imprisonment.[1] Those African American troops who served in France, however, were shocked at the relative warmth of their reception. “The French government awarded the Croix de Guerre to the all-black 369th U.S. Infantry regiment, and 171 officers and enlisted men were cited individually for exceptional bravery.”[2] While this surely enlivened their hope and zeal for equality at home, it was just as surely a bitter reminder of their lack of same. As World War II approached...
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...their survival. There are many ways that farming impacted these peoples, but three affects that are arguably (do not use I or me in your writing) the most prolific were the ability to produce more food in smaller areas, population growth, and the development of civilized societies (Faragher, Buhle, Czitrom, & Armitage, 2009). Farming in Central America was a process that was developed over thousands of years, with a certain amount of creativity and ingenuity. The people of this land discovered that by gathering and replanting seeds from wild food sources, they could control the growth of the food, produce larger quantities, and condense it into a smaller space. According to Faragher and associates (2009), “…a foraging society might require 100 square miles to support 100 people, a farming society required only a single square mile.” (p. 8). This led to a great increase in food supply with a reduction in the distance to travel to collect it. This allowed people to become more settled in one area and enabled them to have larger families. As farming developed, the need for more people to work in the fields as well as the ability to remain in one place prompted greater reproduction rates (Faragher, et al., 2009). The people were able to feed more people with less area and the more people there were to feed, the greater the need for people to work the fields. It did not take long for there to be a need for order and rule among the people, which created the civilized societies that...
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...use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Europe was a society based upon agriculture. “Farming and raising livestock had been practiced in Europe for thousands of years”, but during the late Middle Ages there were technological advances (Faragher, Buhle, Czitrom, & Armitage, 2009). The 1400s marked a time of exploration and expansion for Europe. The three developments that stimulated the age of exploration for Europe was the Merchant, the Renaissance, and the Portuguese Voyages. The Merchant was a factor that made Europeans want to explore. One reason why Europeans wanted to go exploring was economic. “The economic growth of the late Middle Ages was accompanied by the expansion of commerce” (Faragher, Buhle, Czitrom, & Armitage, 2009, p. 27). Commercial expansion stimulates the growth of markets and many European towns. Europeans had been in contact with Asia from the time of the Mongol conquests until the 14th century (Faragher, Buhle, Czitrom, & Armitage, 2009). They had heard about the East through things like accounts of Marco Polo’s journeys. They had become very aware of the silks and spices and other things that came from Asia, but then the Mongols were defeated by the Ming Chinese and the Ottoman Turks conquered the Byzantine Empire, which in turn cut Europe off from Asian trade. Therefore, people...
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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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...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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...1. Define sexual harassment as the term is used legally. The definition of sexual harassment that is in the guidelines of the U.S. Equal Employment Opportunity Commission (EEOC) also is copied by most states and employers for their own use. The guidelines state: “Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made a term or condition of employment or participating in educational programs; or (2) submission to or rejection of such conduct is used as a basis for employment or academic decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or student's academic performance creating an intimidating, hostile, or offensive working or learning environment. Sexual harassment is a form of Sex Discrimination that occurs in the workplace. Persons who are the victims of sexual harassment may sue under Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), which prohibits sex discrimination in the workplace.” (Legal Definition of Sexual Harassment, 2012) 2. Explain how sexual harassment differs from gender discrimination. Sexual Harassment is the action of making offensive and unwelcome sexual comments and advances towards another person. Unwanted physical contact of a sexual nature with the intent of creating a submissive environment falls...
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...Faragher v. City of Boca Raton Dushun Beck, Blanca Chavez, Justin Gonzalez, Melinda Mayberry, Mike Rainey Cardinal Stritch University ASB120 Business Law March 4, 2015 Mr. David Bastianelli Faragher v. City of Boca Raton Unwelcome sexual advances, demands for sexual favors, and other verbal or physical conduct of a sexual nature are consider sexual harassment and this can happen anywhere including in a work place. The inappropriate behavior can be caused by peers, supervisors, or managers that will take advantage of their job title and act inappropriate, promising rewards in exchange for sexual favors that interfere with employees work performance creating an intimidating, hostile, or offensive working environment. A victim may consent or agree to certain conduct and actively participate in it even though it is offensive and objectionable. Therefore, sexual conduct is unwelcome whenever the person subjected to it considers it unwelcome. In most modern legal situations, sexual harassment is illegal. This paper will take into consideration different elements of the law including Employment Law, facts, ethical, and legal issues tried before to the U.S. Supreme Court. It will also offer suggestions for prevention and corrective action pertaining to the issue of sexual harassment in the workplace. Facts During 1985-1990, petitioner Beth Ann Faragher worked as a lifeguard for the Marine Safety Section in the city of Boca Raton, Florida. After five years, Faragher decided...
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...Sexual Harassment Paper HRM320: Employment Law Professor Brian Lahargoue DeVry University Online Whitley Thomas Introduction Sexual harassment is an act that many individuals are involved in daily. Regardless of the reason why a person are harassed; sexual harassment is illegal, unwanted and makes the individual being harassed feel uncomfortable. Many people believe that women are the only individuals who can be harassed. This is a false belief, as men can be sexually harassed as well. Many individuals do not report sexual harassment for fear of a hostile work environment and to prevent embarrassment. Throughout this paper, we will discuss sexual harassment, the different types of sexual harassment and examples. Whether someone harasses someone on purpose or not it is still unacceptable and is punishable by law. Define sexual harassment as the term is used legally. According to Law.com, sexual harassment is defined as "unwanted sexual approaches (including touching, feeling, groping) and/or repeated unpleasant, degrading and/or sexist remarks directed toward an employee with the implied suggestion that the target's employment status, promotion or favorable treatment depend upon a positive response and/or "cooperation" (Sexual harassment, 2013). An example of sexual harassment would be an executive assistant's boss telling her he would give her a promotion or incentive if she went on a date with him. Explain how sexual harassment differs from gender discrimination...
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...Griggs V. Duke Power On December 14, 1970 in Draper North Carolina thirteen African Americans were represented by Griggs in the first legal law suite of its kind. Duke Powers reserved the good jobs for the white employees. There were extreme differences in wages and jobs. Also, there were standardized tests required to be taken by potential employees or employees who wanted promotions. The courts ruled that the tests did not pertain to applicant’s ability to perform the job. This case was pivotal to the workforce because people started taking the EEO more seriously. It helped with all aspects in HR, this case embraced the disparate impact which knocked down the barriers of equal opportunity employment. It set a foundation of how we should hire people and what is a fair acceptable way of doing recruiting. Harris v forklift system Inc. Teresa Harris was a manger for forklift systems, Inc. She had serval times been harassed by her president, Charles Hardy. She had been insulted on several occasions in front of other employees. After, promising that the harassment would end, Hardy comments got even worse. The courts saw this as fair unlikely grounds for a sexual suit. This plays an important part in HR because sexual harassment is very big issue in the workplace. This case really shows that one person can’t define harassment, it’s different in everyone’s eyes. Taxman V. Piscataway Board of Education The school had to lay off an employee. The board had a choice between...
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...Pollard filed a charge of sex discrimination with the New Jersey Commission on Human Rights. The Commission found that Pollard had been the victim of sex discrimination and that Teddy's reasons for firing her were pretext, and awarded her back wages and damages. Teddy's appealed to the circuit court, including in their case that Pollard had committed several infractions, including participating in the spanking incident. They reported that Pollard had failed to report any sexual harassment and included a copy of their sexual harassment policy as part of their defense case. The Circuit Court found that Teddy did have good reason to discipline Pollard but that firing her was in fact disparate treatment when compared with the utter lack of discipline given to King. The circuit court reversed the Commission's award of damages because it believed that Teddy had been right to discipline Pollard, but they ordered Teddy's to reinstate Pollard to her old position. Pollard appealed to the New Jersey Court of Appeals and refused to accept her job back. My memo to the CEO follows: This memo is in regards to the case that has been brought against Teddy’s Supplies (Teddy’s) by Ms. Virginia Pollard, a former employee of Teddy’s. I have been asked to review the case and determine if Teddy’s has any liability issues and what particular points I feel are relevant. To review, Teddy's has been found guilty of sexual harassment in her case by the New Jersey Commission on Human Rights, and awarded...
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...You are the chief of police in a city of 250,000 residents. Within the last 18 months there have been three well-documented cases of suicide by cop (suicidal persons who engage in life threatening behavior to force officers to shoot them to end their own lives)within your jurisdiction. Would you develop a policy to help police officers deal with this issue, and if so what would you include in that policy? Incidents in which police officers shoot and kill citizens often provoke substantial controversy . And this is even more true where the shooting occurs as a consequence of a person ‘s own provocative behavior and in circumstances that be defined as amounting to a victim provoked shooting or a victim precipitated shooting . Where death occurs it may be victim precipitated homicide , and in other terms as suicide by cop .Despite the fact that such events are surprisingly common , the literature is unexpectedly sparse and is often , lacking in empirical study . Outside the law enforcement community , the existence of the phenomenon is not well known and is certainly too often seriously misunderstood . But understanding suicide itself will help to give some understanding to this type of assisted suicide and how it is seen in the eyes of a criminologist . First I want to examine the criminologist perspective of suicide and this was first introduced by Emile Durkheim with his research on suicide that laid the foundation for anomie or strain theory . Anomic suicide ,he postulated...
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...The rapid growth of the 19th century created some problems for major cities. Population growing at such a fast rate in the cities created some health and environmental issues. Along with the growing cities came an increase in inequality between immigrants, the new middle class, and the wealthy. As the cities were growing so was the need for more transportation. Trolleys and trains were the main mode of transportation. The new rails systems also increased congestion and created new safety hazards for pedestrians (Armitage, Buhle, Czitrom, & Faragher, 2009). Elevated trains were created, but still left the population under the shadow of noisy, rickety wooden platforms, and air pollution increased by unrestricted burning of coal to fuel railroads. Modern water and sewer systems which brought indoor plumbing to most homes were created but they did not eliminate serious environmental or health issues. Cities would continue to dump sewage into nearby bodies of water even after governments established separate clean-water systems. Rivers and streams would still be polluted. Overcrowded conditions and inadequate sanitary facilities bred tuberculosis, smallpox, and scarlet fever, among other contagious diseases. Children’s diseases like whooping cough and measles spread rapidly through poor neighborhoods (Armitage et al., 2009). Many people including immigrants and African Americans would flood major cities looking for a better life. Without much choice of place of residence because...
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