...Employment Law and Discrimination Racquell Jones Business Law University Of Phoenix November 9, 2015 SEXUAL HARASSMENT In the case of Jonathan Silverstein, plaintiff vs. Meredith Shaw, defendant. The plaintiff claims that the defendant caused him to miss out on a promotion because she put a sexy screen saver on his computer and when his boss saw it he lost a promotion. The key elements of this case were whether the sexual behavior that the plaintiff had towards the defendant was unwelcomed. This element of the case is subjective as we cannot ascertain the real intentions of the doer and the reaction of the recipient towards what he had been experiencing. The fact that the defendant claims that this was something that had been going on for sometimes begs the question why the plaintiff had not reported this case to the relevant authorities. The second element of this case is the question “does the plaintiff reaction meet the reasonable person standard?” The plaintiff reaction is not that of a reasonable person because he should have anticipated what the consequences of the harassment he was experiencing, and put a stop to it at an earlier time rather than start blaming his peers when the damage is already done. The other element is whether a hostile environment has been created. A hostile working environment has been created for the plaintiff in his workplace because he chose to file a case against...
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...losing their jobs. The prevention of harassment, specifically sexual harassment, is the main goal of all supervisors. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcomed sexual advancements, requests for sexual favors, and verbal and physical conducts where refusal of the previously mentioned behaviors would affect one’s employment, one’s job performance, or creates an uncomfortable or hostile environment in which the employee cannot function to their full potential (Cascio, p. 97). Simply put, it means that employers cannot allow unwelcomed behaviors. An organizations failure to prevent or address sexual harassment will lead them to being fined by the EEOC. Those fines can place a huge dent in the bank account of the organization that can lead to its financial collapse and the employees losing their jobs. If the organization is still operating after paying the fine, their public image can be tarnished leading to the decrease in employee applications (as they would think the organization fosters hostile work environments) and...
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...Meritor Sav. Bank v. Vinson, 477 US 57 (1986) Facts: After being terminated a female bank employee filed an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. §2000e et seq., claiming that she had been sexually harassed by her male supervisor. The US Supreme Court ruled that if the actions of the supervisor were unwelcome, than the respondent had a claim for sexual harassment on the basis of a hostile work environment, even if the sexual acts were voluntary. Issues: (1) Whether a corporate employer is automatically liable under Title VII if they have no prior knowledge of the alleged discrimination. (2) Whether a hostile work environment based on sexual harassment can be established …. Holding: In a 9/0 decision, the United States Supreme Court declared that A claim of "hostile environment" sexual harassment is a form of sex discrimination that is actionable under Title VII. Pp. 477 U. S. 63-69. Rationale: (a) The language of Title VII is not limited to "economic" or "tangible" discrimination. Equal Employment Opportunity Commission Guidelines fully support the view that sexual harassment leading to non-economic injury can violate Title VII. Here, respondent's allegations were sufficient to state a claim for "hostile environment" sexual harassment. Pp. 477 U. S. 63-67. (b) The District Court's findings were insufficient to dispose of respondent's "hostile environment" claim. The District Court apparently erroneously believed that a sexual harassment...
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...between co-workers, the prevailing legal issue is sexual harassment if and when the relationship should cease and one of the parties continues to pursue it against the other’s wishes. The conduct exhibited in pursuit of the relationship then becomes unwelcome. Let’s take a quick look at these individual scenarios. Consent is not a synonym for welcome. When ask whether the subordinate in a relationship with a supervisor is a consenting party, what is really meant and should be ask is whether the supervisor’s advances were welcomed and whether the subordinate’s continued consent was voluntary. A woman1 may consent to a sexual relationship, but not welcome it. In Meritor Savings Bank, the plaintiff had a sexual relationship with her supervisor for a number of years. The supervisor was a vice-president of the bank. The plaintiff was initially employed as a teller and was gradually promoted to branch manager over a...
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...Fundamentals of Human Resource Management Student’s Name Institution Fundamentals of Human Resource Management True and False: Please mark either T or F in the appropriate space before the question (7 * .25 each = 1.75 points) 1. __T__ Today’s managers have found that employees do not set aside their cultural values and lifestyle preferences when they come to work. The challenge is to make organizations more accommodating to diverse groups of people by addressing different lifestyles, family needs, and work styles. 2. __T__ Work Process Engineering is referred to at times as work process reengineering because it goes beyond incremental change and requires an organization to face the possibility that what the organization may need is radical or quantum change. 3. __F__ Drug testing in today’s organization is conducted not to eliminate illegal substance at the point of hire, but only to catch those using it in the workplace. 4. __F__ Type A behavior is characterized by a procrastinated sense of time urgency, excessively competitive drive, and difficulty accepting and enjoying leisure time. 5. __F__ the purpose of job analysis is ONLY concerned with the amount of money that is paid to the employee for following their job description. 6.__T_ some stress in organizations is absolutely necessary; without it, workers lack energy. 7._T__ Employee assistance programs (EAPS) are specific programs designed to help employees with personal problems. ...
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...12:06 Page 1 WOMEN, GENDER AND WORK People are not defined solely by their work, nor is it possible to ignore the effects of factors outside the workplace on a person's status at work. To seek equality at work without seeking equality in the larger society – and at home – is illusory.Thus an examination of the issues surrounding women, gender and work must be holistic. That means considering the role of productive work in life as a whole and the distribution of unpaid work as well as the myriad questions relating to employment. This important anthology brings together the thinking of leading philosophers, economists and lawyers on this complex subject. Selected recent articles from the multidisciplinary International Labour Review are assembled for the first time to illuminate questions such as how we should define equality, what equal opportunity means and what statistics tell us about differences between men and women at work, how the family confronts globalization and what is the role of law in achieving equality. There is an examination of policy – to deal with sexual harassment and wage inequality, for example, as well as part-time work, the glass ceiling, social security, and much more. A major reference on the best of current research and analysis on gender roles and work. Martha Fetherolf Loutfi has been Editor-in-Chief of the International Labour Review, a Senior Economist for the Brandt Commission and in the ILO’s Employment and Development...
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