How to Handle the Safety

How to handle the situation Issues can arise in every organization where the HR team must react and make very important decisions taking in consideration the long term place of the organization. In this exercise we encounter with this. When an organization needs to lay off people, there is no perfect way for doing it. Every turn that the organization takes, will lead to a possible scenario where the organization will need to deal with litigation process and this case presents it clearly. The company has five possible people that because of the elimination of the online distribution department must be analyze and if there is no other place in the organization for them, they must be let go. In all of the scenarios there is a possible discrimination charge by the employee against the organization, so it must be handled in a certain matter, minimizing the damage to the organization.
The decision The players are selected, and the HR department must analyze the outcomes each one of them brings to the table. The first employee is gay, and has been having problems with a fellow employee, which will bring a discrimination conflict about sexual orientation. The organization must be very careful because this is an easy case against the organization. The second employee is considered a good employee but since he has been diagnosed with a disease that it can be proven it was obtained because of the long hours spent working in a project, the organization must be very careful with how they handle the situation since it can be brought a litigation with the American with Disabilities Act. The third can charge the organization with age discrimination. Even thou this is very delicate, is one of the options that the organization can handle because of the background information and can work a severance package that benefits both the employee and organization. The fourth is a civil rights movement specialist. She is the one that is most likely to fill a lawsuit. The issue can be brought to her and put in three month probation so she is warned about her situation. And last is a pregnant employee. This one is one of the most delicate because even thou the employee is creating problems with fellow employees, the Pregnancy Discrimination Act will bring an advantage to her case.
The Solution There is no perfect solution to any of the cases but three of them must be out. The cases that can be managed with the safest risks of beginning a litigation process should be the third employee which because of her long time of working for the company, will be less likely to fill a lawsuit plus the organization has enough evidence to their advantage. The other is the second employee. This one because of the elimination of the department, will not fit in any other area and presents a good chance to mitigate the chance of a lawsuit. Finally the fourth employee, the best way to handle is putting into a three month probation to give her time to analyze her problems and if not resolved then it would be taken care of by itself.
Sexual Harassment According to Cheeseman (2010) under title VII of the Civil Rights Act of 1964 prohibits job discrimination because of gender. In an amendment to this act, also sexual harassment is prohibited under this title. This covers situations created by managers or coworkers where they engage in conduct that is offensive because it is sexually charged. The U.S Supreme Court has held that sexual harassment that creates a hostile work environment violates title VII. According to Cheeseman (2010) making lewd remarks, touching, intimidation, posting of indecent materials and other verbal and physical conduct of sexual nature constitute sexual harassment.
The Case In this situation, by the information provided, Newcorp has a liability over the supervisor that is in clear violation of this title because of his past relationship with the employee, now that she has started dating another person, there is a conflict of interest in the demands that the manager presents for her not being moved to another department. The behavior taken by this supervisor engages in the touching and exhibition of a variety of unwelcome behaviors that put the organization in the brink of a lawsuit. The organization, even thou it cannot move the employee to the department that she wanted, must find a better position inside the organization that can fit better her needs. This will mitigate the possibilities of a litigation process that can be upheld by the employee because of the conduct presented by her manager. The employee has manifested her displeasure with this conduct and if advice by an outside consultant, she could bring a lawsuit against the organization because of this violation.
The law in Puerto Rico Under the laws of Puerto Rico title 29 Labor, part 1 Labor provisions generally, chapter 7 Protection of Employees rights, from section 155 to 155m, you can encounter the sexual harassment information needed to work with a problem like this one. Here it is declared that sexual harassment is a type of sexual discrimination and constitutes an illegal practice that goes against the establish constitutional principle that the dignity of the human being is inviolable. This conduct is sanctioned by law with a fine and can get the organization to finalize a contract with the person that engages in this type of conduct.
Safety in Work Environment In this case, the employee feels that the organization is not making everything in their power to place him in a safe working environment. According to Cheeseman (2010) under the Occupational Safety and Health Act, the Congress enacts the promotion of safety in the workplace. With the act, the creation of the Occupational Safety and Health Administration (OSHA) becomes the administrator of this act and is the one that enforces it. OSHA is empowered to adopt rules and regulations to interpret and enforce this act. This act enforces record keeping and reporting requirements on employers and requires them to post notices in the workplace informing employees of their rights under the act.
Employee’s Rights In this case, employee Paul has contacted OSHA to complain about his employer is requiring him to work under dangerous conditions. His allegations are that the employer requires him to work in confined spaces to repair equipment where already another employee has been injured during his work. Also that he has created a condition of claustrophobia develop at work because of the constant time spent in this confined spaces. The organization has studied the area and determined that it is a safe place to work. Under the Occupational Safety and Health Act, the organization is responsible for providing the employees with a safe environment to work. OSHA is empowered to inspect places of employment for health hazards and safety violations. According to Cheeseman (2010) if a violation is found, OSHA can issue a written citation that requires the employer to correct the situation or appeal if they think is not an accurate decision. The organization must let OSHA make an investigation of the working environment that Paul has to determine if in fact he is working in a not safe environment. If determined by OSHA that the area is not safe, the organization must take the matters into their hands and establish a different working environment for Paul to get his job done and respond for the damages done to his new illness created by their working environment.
Safety in Puerto Rico As a territory of the United States of America, Puerto Rico gets ruled by OSHA. Also under the Laws of Puerto Rico, Title 29 Labor, part 1 Labor Provisions Generally, chapter 16 Occupational Safety and Health, you can confirm all the regulations established for the Puerto Rican territory. In section 361, it can be find that it responds to the Occupational Safety and Health Act and that applies to all employers under the Commonwealth of Puerto Rico.

References
Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.
Constitution of the Commonwealth of Puerto Rico (1952),