...Week 3 Homework Assignment for Chapters 9, 10 and 11 Chapter 9 Hardage v. CBS 1. What were the legal issues in this case? What did the court decide? In the summer of 1998, Hardage began working as an advertising account executive for KSTW-TV, a television station owned by Viacom Television Stations, Inc. and managed by CBS Broadcasting Inc. He was promoted to Local Sales Manager in February of 2000, and in this position, he worked with another Local Sales Manager, Nadene Stauffer, to manage and supervise the account executives. Patty Dean, the General Sales Manager, who was in turn supervised by defendant Sparks, the station’s General Manager, supervised both Hardage and Stauffer. Until about a month before Hardage resigned in August of 2001, he worked in the Seattle sales office whereas Sparks worked in the management office in Tacoma. Hardage contends he was sexually harassed by Sparks on several occasions and subjected to retaliation after he rejected her advances. He alleges that during Sparks' visits to the Seattle office, she repeatedly flirted with him and made inappropriate comments-such as “[y]ou need somebody that's older and more stable that can take care of you.” Leo Elbert, another employee at KSTW, stated that Sparks would “camp out” in Hardage's office, kick back in his chair with her feet on his desk, and smile and giggle in a flirtatious manner. Hardage asserts that he never flirted...
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...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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...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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...Summary: Inequalities among women in the workplace are a major problem. While the United States and other countries have made significant progress towards implementing laws to prevent harassment and discrimination, these issues continue to plague women. Women encounter pay inequalities frequently. Although there are a large majority of women who are receiving higher levels of education than men, women are not being promoted to top positions in the workplace even when their performance equals that of men. Furthermore, because of wage inequalities, the average woman who works full-time will encounter a $460,000 loss in pay throughout a forty-year time span, which will result in working twelve extra years to compensate for this loss in income (Godfrey,2017). Moreover, women regularly experience sexual harassment and sex discrimination. While Title...
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...A Growing Trend in the Workplace: Reverse Sexual Harassment Management 3324 Abstract With more and more women in the workplace and in positions of supervision reverse sexual harassment has become one of the fastest growing human resource issues today. According to the U.S. Department of Labor (2008) there is over 37 women CEOs in the Fortune 1000 companies and women makeup a little more then 55 percent of the work force. The removal of the glass ceiling has not come without some problems. From 2000 to 2004 reverse sexual harassment charges rose 34 percent. In the one year’s time 2004 to 2005 reverse sexual harassment charges rose 17 percent, doubling the previous four years. With several landmark judgments in New York, New Jersey, and Michigan the precedent has been set for reverse sexual harassment cases and monetary awards. A Growing Trend in Business: Reverse Sexual Harassment Every year over 200 men file a reverse sexual harassment charge with the Equal Employment Opportunity Commission (2008). The charges range from harassment by female co-workers to male bosses ignoring their complaints. It's always worth knowing what a civil rights case is worth, but since jury awards don't get reported in the books, the only way to know is through court decisions that pass judgment on them, usually when the losing party tries to reduce the amount. Today we have a better sense of what a reverse sexual harassment is worth. In the court case of Singleton vs. City of New York (2009)...
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...Employment Law and Discrimination: Sexual Harassment Maria Cullooyah LAW/531 – Business Law January 11, 2015 Aaron Kemp Introduction Although there are several types of discrimination, sexual harassment has become a serious issue, not only in the workplace but everywhere near and far. Sexual harassment affects not only the victim, but the defendant and colleagues. This type of law suit is a violation of both state and federal law. According to federal law sexual harassment violates Title VII of the Civil Rights Act of 1964. The Title VII law holds employers liable when there are inappropriate sexual advances in the workplace. In the video presented, there will be an analyzation of a case involving sexual harassment. Elements will be identified, applicable defenses, judge’s ruling, if there are any potential civil liabilities and a different case scenario will be addressed. Cause of action In this case, two employees who work for a computer company GHI-Soft. The Plaintiff, Mr. Silverstein, alleges that his co-worker Ms. Shaw is guilty for sexual harassment. Mr. Silverstein claims Ms. Shaw placed a sexual explicit screen saver on his computer at the same time he was up for a promotion. Due to his supervisor seeing this screen saver, he also claims this was the basis for him not being chosen for the promotion. After talking with Ms. Shaw, she claims that a solid friendship over the duration of employment had been formed or so she thought and Mr. Silverstein had never...
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...Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding which, despite internal investigation, has now lead to a formal police report. Can DDL be held be liable for damages in respect of a possible civil claim for harassment; if so on what legal basis and to what degree. Key words or phrases Harassment Protection from harassment Employer’s liability Vicarious liability Damages/sanctions in harassment cases Obvious sources/areas of law Halsbury’s Laws Practitioner texts Statutes Statutory Instruments Case law Client objective(s) To ascertain whether DDL can be held liable for any damages in respect of civil proceedings concerning the harassment alleged, notwithstanding that Oxbridge Essays www.oxbridgeessays.com their internal complaints procedure was complied with. If so, to what degree is there anything they can do to placate the issue, and are there any steps they should be taking now. Record of research undertaken SECONDARY SOURCES Hard Copy Sources Practioner’s Texts I looked in a text called Smith and Wood’s “Employment Law”, 9th Edition. → index – looked up “vicarious liability”, specifically relating to discrimination → pp 282 – 285 This reference related to sexual discrimination, not relevant in this search but noted that s 41(1) of the Sexual Discrimination Act makes the employer...
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...Ellerth (plaintiff) sued Burlington Industries, Inc (defendant) stating that sexual harassment was the cause of her forced discharge. The District Court determined that Mr. Slowik’s behavior created a hostile environment. The courts also found that Burlington Industries did not know and isn’t expected to know about the hostile working environment Mr. Slowik had created. Burlington appealed. Discussion of the Facts: Who did what to whom? What relief is being sought? Kimberly Ellerth had been constantly sexually harassed by her supervisor Mr. Slowik. Mr. Slowik had the authority to hire, promote or terminate employment. Mr. Slowik made boorish and very offensive remarks to Kimberly. Kimberly filed suit against Burlington for violating Title VII being that sexual harassment lead to her forced resignation. Statement and Discussion of the Legal Issues in Dispute: What decision of the lower court is being challenged? What specific legal questions is the subject court being asked to address? Is the question about Common-Law? A Statute? Burlington is challenging the court’s decision that their employee Mr. Slowik had in fact created a hostile work environment even though they acknowledged that Burlington didn’t know or was required to know about his conduct. It was felt that Kimberly’s claims were just unfulfilled threats and should be classified as a hostile work environment claim with proof of severe or pervasive conduct. Subject Court Final Decision: For...
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...would consider it.”(Hellriegel/Slocum, 2011, p.65). The concern with the conduct of employees involved in romantic relationships in the workplace is fairly common; however, the burden to protect the employee and the company rest on the shoulders of the employer. The biggest concern for an employer is the fear of a sexual harassment lawsuit. Sexual harassment laws prohibit "unwelcomed" sexual advances. Additionally it creates boundaries for workplace relationships, legally binds employees to conduct themselves in a professional manner, and helps to protect the employer and employees from legal assessments of sexual harassment claims. Explanation & Documentation Before an employer asks that a couple sign a "consensual relationship agreement," the employer should meet with both employees independently and determine whether there is any possibility that the agreement is not consensual. In particular, the employer should: 1) make sure that the employee understands the company's sexual harassment policy; 2) emphasize that the employee will not be retaliated against for reporting sexual harassment; 3) explain the procedure for reporting sexual harassment; and...
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...Figures ………………….…………………..…………………………….…...iv Executive Summary…………………………………………………………………….....v Introduction……………………………………………………………………………………....1 Overview……………………………………………………………………………….….1 Background………………………………………………………………………………..1 Objective…………………………………………………………………………………..1 Benefits…………………………………………………………………………………....1 Methods of Research……………………………………………………………………...1 Problems and Purpose of Study………………………………………………………………...1 Methods and Procedures…………………………………………………………………….......2 Study Description……………………………………………………………………........3 Report Preview………….…………………………………………………………………….....3 Elements for an Effective Policy……………………………………………………….....4 Start with a Harassment Policy…………………………………...………..….......4 Require Full Disclosure…………………………………………………………...4 Create a Love Contract………………………………………………………........5 Advise against PDA………………………………………………………...……..5 Keep tabs on Office Sentiment………………………………………………........5 Seek Legal Counsel ………………………………………………………………5 Findings with Appropriate Divisions……………………………………………………...…....5 Interview One. Colin Chase, Chase Info Systems………………………………………...5 Interview Two. James Houston, Climate Cooling………………………………………...6 Interview Three. Maureen Lutkins, Callums Underwriting…………………………….....7 Interview Four. Craig Pruett, Klippers Golf……………………………………………....7 Interview Five. Naile Brennon, K-Bay Catering……………………………………….....8 Summary………………………………………………………………………………………...10 Conclusions...
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...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 claims. Teddy’s has a significant amount of exposure of liability...
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...and was threatened with rape. Mr. Oncale complained to his supervisor of the harassment to which no action of discipline was taken. Mr. Oncale eventually quit but was asking that his pink slip indicate that he “voluntarily left due to sexual harassment and verbal abuse. Mr. Oncale filed a complaint against Sundowner in the United States District Court for Eastern District of Louisiana alleging that he was discriminated against in his employment because of his sex. The District court granted summary of judgement to the defendant, writing that Mr. Oncale, a male, has no cause of action under Title VII for harassment by a male co-workers. Mr. Oncale appealed, the United States Courts of Appeals for Fifth Circuit affirmed the decision. The Supreme Court reversed the decision of the district court and remanded the case for further proceedings in accordance with the instruction that a male can be discriminated against by member of the same sex under Title VII. Does the Oncale decision transform Title VII in a general Civility code for the American workplace? Yes, recognizing liability for same sex harassment will transform Title VII into a general civility code for the American workplace. The risk is no greater for same –sex then for opposite’s sex harassment, and is adequately met by careful attention to the requirements of the statue. Title VII does not prohibit all verbal or physical harassment in the...
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...Working Paper Series No. 59 Sexual harassment in the workplace: a literature review Carrie Hunt, Marilyn Davidson, Sandra Fielden and Helge Hoel Manchester Business School, University of Manchester Sexual harassment in the workplace: A literature review Carrie Hunt, Marilyn Davidson, Sandra Fielden and Helge Hoel The Centre for Equality and Diversity at Work Manchester Business School, University of Manchester 2 © Equal Opportunities Commission 2007 First published Summer 2007 ISBN 978 1 84206 033 9 EOC WORKING PAPER SERIES The EOC Working Paper Series provides a channel for the dissemination of research carried out by externally commissioned researchers. The views expressed in this report are those of the authors and do not necessarily represent the views of the Commission or other participating organisations. The Commission is publishing the report as a contribution to discussion and debate. Please contact the Research and Resources team for further information about other EOC research reports, or visit our website: Research and Resources Equal Opportunities Commission Arndale House Arndale Centre Manchester M4 3EQ Email: research@eoc.org.uk Telephone: 0161 838 8340 Website: www.eoc.org.uk/research You can download a copy of this report as a PDF from our website, or call our Helpline to order a copy: Website: Email: Helpline: www.eoc.org.uk/research info@eoc.org.uk 0845 601 5901 (calls charged at local rates) Interpreting service available for callers...
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...Working Paper Series No. 59 Sexual harassment in the workplace: a literature review Carrie Hunt, Marilyn Davidson, Sandra Fielden and Helge Hoel Manchester Business School, University of Manchester Sexual harassment in the workplace: A literature review Carrie Hunt, Marilyn Davidson, Sandra Fielden and Helge Hoel The Centre for Equality and Diversity at Work Manchester Business School, University of Manchester 2 © Equal Opportunities Commission 2007 First published Summer 2007 ISBN 978 1 84206 033 9 EOC WORKING PAPER SERIES The EOC Working Paper Series provides a channel for the dissemination of research carried out by externally commissioned researchers. The views expressed in this report are those of the authors and do not necessarily represent the views of the Commission or other participating organisations. The Commission is publishing the report as a contribution to discussion and debate. Please contact the Research and Resources team for further information about other EOC research reports, or visit our website: Research and Resources Equal Opportunities Commission Arndale House Arndale Centre Manchester M4 3EQ Email: research@eoc.org.uk Telephone: 0161 838 8340 Website: www.eoc.org.uk/research You can download a copy of this report as a PDF from our website, or call our Helpline to order a copy: Website: Email: Helpline: www.eoc.org.uk/research info@eoc.org.uk 0845 601 5901 (calls charged at local rates) ...
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...Memorandum To: CEO, JDT2 Task 1 Toy Company From: John Doe, Elementary Division Manager Date: 2/24/2015 Re: Summary of Alleged Discriminatory Claim under Civil Rights Act of 1964, Title VII, Constructive Discharge Research A. Constructive Discharge The former employee is claiming that he was forced to resign from his position due to the fact that he must work on a religious holy day. His claim is based on the feeling that the company has purposefully made his working situation unendurable through an, alleged, discriminatory work schedule change. As referenced in an article by Alison Doyle on About.com, titled ‘What is Constructive Discharge?’, Alison defines constructive discharge as the following: Constructive discharge occurs when an employee is forced to quit because the employer has made working conditions unbearable. Unbearable conditions include discrimination or harassment, or receiving a negative change in pay or work for reasons that are not work-related. This situation could be considered constructive discharge grounded on the assertion of the former employee’s feeling that he was forced to resign because he is required to work on his religious holy day whereas he was not required to work on this day in the past. This particular action may be categorized as a violation of Title VII of the Civil Rights Act of 1964. Evidentiary fact of a possible violation include that the employee has always had weekends off of work and that was based on the old production...
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