...Sexual Harassment Employment Law DeVry University September 22, 2013 Sexual Harassment Brittany has a legally viable claim for quid pro quo sexual harassment and hostile environment sexual harassment. Quid pro quo sexual harassment is defined as “sexual harassment in which the harasser requests sexual activity from the harassee in exchange for workplace benefits” (Bennett-Alexander & Hartman, 2012, p. 403). Hostile environment sexual harassment is defined as “sexual harassment in which the harasser creates an abusive, offensive, or intimidating environment for the harassee” (Bennett-Alexander & Hartman, 2012, p. 403). Brittany has a legally viable claim for hostile environment sexual harassment against her co-worker, Robert. He was making inappropriate comments about her chest. She asked him to stop, but he continued. She found pictures of herself on his desktop. When she took this information to her supervisor, nothing seemed to have been done about it. Now Robert has a passcode on his computer, making is assumed that the photos are still there. Brittany has a quid pro quo sexual harassment claim against Dwayne Miller, her supervisor. He told her she could have a promotion if she showed him her breast. This is offering a promotion for sexual activity. He also told her they would discuss the situation with Robert over a trip that was work related. She refused both. Weekend work trips were never part of her job before. Because she refused to show her breast and...
Words: 661 - Pages: 3
...Sexual Harassment Paper HRM320: Employment Law Professor Maccarthy DeVry University Online Felicia Rodriguez Sexual Harassment Paper Sexual Harassment can happen to anyone of any sex. Harassment can occur between employees of the same sex or different sex. Sexual Harassment includes sexual comments, inappropriate touching, unwelcome sexual advances, and request of sexual favors, verbal or physical conduct that creates an offensive or sexually charged working environment. Many people don’t understand the laws behind sexual harassment in the work force. Sexual Harassment is a form of sex discrimination that occurs in the workplace. People who are victims of sexual harassment may sue under the Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In the Federal courts sexual harassment was not recognized as a form of sex discrimination until the 1970s, because the problem was that it was originally perceived as isolated incidents of flirtation in the workplace. Employers are now aware that they can be sued by the victims of the workplace that are being sexually harassed. The courts and employers generally use the definition of sexual harassment contained in the guidelines of the U.S Equal Employment Opportunity commission (EEOC). This language has been formed as the basis for most state laws prohibiting sexual harassment. The guidelines state that unwelcome sexual advances, requests for sexual favors, and other verbal or physical...
Words: 1648 - Pages: 7
...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...
Words: 1017 - Pages: 5
...Brian jones #097833 Sexual Harassment in the Workplace March 05, 2015 I. My topic of choice Sexual Harassment. I will be outlining different points of sexual harassment within the workplace. a) What is Sexual Harassment? b) The types of Sexual Harassment. c) Employer’s responsibilities. d) Law’s against Sexual Harassment. e) Ways to stop Sexual Harassment. II. What is Sexual Harassment? f) Sexual harassment is uninvited and unwelcome verbal or physical behavior of a sexual nature especially by a person in authority toward a subordinate (as an employee or student) (Webster, 2015). g) It may include advances by women on men, men against men or women against women but typically it’s men against women. III. Types of Sexual Harassment * One type of sexual harassment is Quid Pro Quo. * When a supervisor or a person of authority uses sexual harassment towards other employees to keep their job or for job benefits such as raises or promotions. * One instance of harassment can lead to a quid pro quo claim. If it becomes more than one instance of sexual harassment, it is considered a hostile work environment. * Another type of sexual harassment is hostile work environment. * When the harassment is unwelcomed, based on sex, and is severe enough to create an abusive or offensive environment in the workplace (Reuters, 2014). * This type of sexual harassment can lead to legal actions...
Words: 701 - Pages: 3
...Sexual Harassment Sexual harassment is considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The EEOC (Equal Employment Opportunity Commission) defines sexual harassment as unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Sexual harassment can happen from the opposite sex as well as the same sex. There are two forms of sexual harassment; one is the most commonly know by people is called quid pro quo. It is the exchange of sexual favors for job benefits. Identifiable elements to determined quid pro quo from the case Pease vs. Alford Photo Industries are. You are a member of a protective class You were subjected to unwelcome sexual harassment in the form of sexual advances or requests for sexual favors from a supervisor or individual with authority over the plaintiff. Harassment complained of was based on sex. Submission to the unwelcome advances was an express or implied condition for receiving some form of job benefits, or refusal to submit to sexual demands resulted in a tangible job detriment. Employer knew or should have known of the harassment. The second form of sexual harassment is called Hostile work environment. Its is unwelcome conduct constituting hostile work environment harassment must be sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. An example of this could be...
Words: 10643 - Pages: 43
...Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Sexual harassment may occur when there is unwanted sexual advances, requests for sexual favors, and other illegal physical or verbal Sexual nature It is behavior that interferes with the individual's job performance or creates an intimidating, hostile and offensive work environment. Sexual harassment is a serious problem in the United States. It is not only the employees who are victims of sexual harassment who suffer devastating emotional blows for a long time. There are different types of sexual harassment and different causes. Each state has different protections against sexual harassment. For example, Alabama allows an employee to sue an employer for sexual harassment. In comparison, Vermont law requires every employer to adopt a policy against sexual harassment. Other states do not have specific laws that prohibit or punish cases of sexual harassment. Sexual harassment can be verbal (like making rude comments about someone), but it not necessarily have to be spoken. Stalkers may use technological gadgets to sexually arras someone , like a smart phone and social network. Sometimes sexual harassment can become...
Words: 723 - Pages: 3
...Developing a Sexual Harassment Policy Jequon Thomas HRM 531 March 6, 2012 Dr. Mary Jo Moran Developing a Sexual Harassment Policy "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment" (Tinkler, 2008 pg 419). Sexual harassment is not all sexual in nature. Simple teasing and offhand comments are not illegal unless it is so frequent or severe that it creates a hostile environment. Sexual harassment is also not limited to direct contact between people. If an act or discussion offends a bystander, it is sexual harassment. Sexual harassment is not limited to gender, and the harasser can be a supervisor, coworker, or a customer or client. It is very important for an employer to provide training and education to help prevent this act from happening. The employer is responsible for providing a positive, respectful, and productive work environment for all employees no matter race or gender. All employees have an obligation to contribute to a harassment and discrimination free workplace and notify someone if they: * feel uncomfortable in a situation because of someone's...
Words: 453 - Pages: 2
...Services, Inc. HRMG 5700 QD F2 In the case of Oncale v. Sundowner Offshore Services, Inc., Joseph Oncale was the victim of repeated harassment, sexual, physical and mental, from at least three members of the work crew, of which two had a supervisory position over him. When Oncale brought his complaints to the supervisors, they took no noticeable actions against the harassers and, after he had experienced enough harassment, Oncale quit his position. When Oncale filed the sexual harassment complaint against Sundowner, the district court, relying on the precedent set by the Fifth Circuit courts, “. . . held that Oncale, a male, had no Title VII cause of action for harassment by male coworkers. The Fifth Circuit affirmed.” (Twomey, 442) In 1998, the case was brought before the Supreme Court of the United States, where that decision was reversed, and same-sex harassment was ruled actionable under Title VII. The Supreme Courts decision concerning sexual harassment does not transform Title VII into a general civility code for workplaces. If anything, it just further defines what sexual harassment can be, allowing workers to feel safer in the work environment. As Justice Scalia addressed this argument during his decision, “The prohibition of harassment on the basis of sex requires neither asexuality or androgyny in the workplace; it forbids only behavior so objectively offensive as to alter the ‘conditions’ of the victims employment...
Words: 636 - Pages: 3
...Confronts Harassment Charges EMC Confronts Harassment Charges Tobie Deslo Kaplan University AB203: Human Resources Management Prof. Jennifer Bryant October 26, 2012 EMC Confronts Harassment Charges Introduction According to a lawsuit that files by two women of EMC allege sexual comments, company-paid trips and the failure to promote women for the same experience on the same basis as male employees where discrimination against. Women were being paid lower wages that may have been creating a hostile and offensive environment to women, making it harder for women to work there. The firm gathered 30 sworn affidavits from women supporting allegations that the work-place was hostile and discriminatory. Review/Analysis of the Case Sex Discrimination exists when a person or group of people are treated unfairly solely on the basis of their biological sex and sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature such that submission to or rejection of this conduct affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an hostile or offensive work environment for people. The EMC violated the laws of sex discrimination and sexual harassment because they were against all women’s rights in the work place by taking away accounts that they have built up and gave them to male colleagues. EMC Corporation also violated the laws by disrespecting...
Words: 534 - Pages: 3
...Issues in Contemporary Ghana Topic: Sexual Harassment a Blessing or a Curse to society? Presented By: Amy Asiedu Lecturer: Dr Dan-Bright Dzorbo Introduction There have been many ambiguities surrounding what actually constitutes sexual harassment and how it differs from other sexual advances. If one simply looks at a dictionary’s definition of harassment it means “annoying or unpleasant behaviour towards someone that takes place regularly"(Macmillan English Dictinary, 2002), it is clear that such behaviour towards a colleague is undesirable and could undermine morale and productivity. If one adds the sexual dimension, with its personal, psychological, moral and marital implications, the problem becomes much more complex. Events currently identified as sexual harassment were considered personal and attracted individual solutions before the 1970’s. Since 1976, sexual harassment has been highlighted by feminist, trade unionist and later human right activists who have succeeded in making it a social problem (Britwum and Anokye, 2006). Thus, satisfying the condition that a social problem must be identified by a significant proportion of the population (Ritzer, 1975). The natural or biological origin of sexual harassment is based on the good old fashion idea of attraction between two people. Also, the issue about men possessing the bigger sex drives is another factor which causes them to aggressively approach women with sexual comments or intentions (www.arizona...
Words: 6137 - Pages: 25
...Cases Study on Sexual Harassment Name: Institution: Case Study on Sexual Harassment The topic of sexual harassment brings a lot of questions to mind. The exact definition of sexual harassment varies from area to area and from one country to the next. The online dictionary defines sexual harassment as requests, advances or favors that are sexual in nature and are unwelcome. It is also conduct that is sexually inclined. The conduct is either physical or verbal and submission to it either or implicitly makes it a term of a person’s employment. A person’s employment may depend on whether or not they give in to this pressure. McDonald and Backstrom (2008) define sexual harassment as an act associated with coercion or the use of threats and linking it to job benefits which are tangible. It is also unwelcome conduct which is sexual and interferes with their work, looks that are unwanted and unwanted physical contact as well as touching (McDonald and Backstrom, 2008). The way by which the victims of sexual harassment and those who observe it perceive it and how the employers tackle these issues when they arise is usually related to an organization’s liability risk as stipulated in the sexual harassment laws which are present in North America. In spite of over 30 years of academic research on sexual harassment combined with prohibition lays on harassment in work places Elkins and Velez-Castrillon (2008) still believe that sexual harassment is still a problem which is growing...
Words: 1607 - Pages: 7
...Practices Deter Sexual Harasment at Workplace Ethical Practices Deter Sexual Harasment at Workplace Submitted on: 3th January 2016 Submitted on: 3th January 2016 Chew Yoong Sen MBS 151068 Semester 1, Session 2015/2016 MBSA 1533: Business Ethics, Responsibiliy and Sustainability Lecturer: Dr. Abul Quasem Al-Amin Chew Yoong Sen MBS 151068 Semester 1, Session 2015/2016 MBSA 1533: Business Ethics, Responsibiliy and Sustainability Lecturer: Dr. Abul Quasem Al-Amin Table of Contents Papers Table II Abstract 1 Issue 1 Problem Statement 2 Analysis 3 Recommendation 6 Conclusion 8 References 9 Papers Table No. | Title | Journal Name | Year | Authors | 1 | Sexual Harassment In The Workplace: Selected Court Cases And New Legal Provisions In Malaysia | Asian Social Science | 2015 | Kamal Halili Hassan;Yee Zing Lee | 2 | Ethical Leadership: The Effect On Employees | International Journal Of Business And Management | 2015 | Atiya Alshammari;Naser N. AlmutairiShebaib Fahad Thuwaini | 3 | Sexual Harassment In The Workplace: An Overview Over The International Law And Current Law And Practice In Malaysia | International Journal Of Humanities And Social Science | 2013 | Dr. Muzaffar Syah Mallow | 4 | Impact Of Ethical Leadership On Employee Job Performance | International Journal Of Business And Social Science | 2012 | Shukurat Moronke Bello | 5 | Factors Influencing Sexual Harassment In The ...
Words: 3413 - Pages: 14
...Discrimination and Employment Laws Stephen Moseley ETH/321 July 21, 2016 Shaune Arnold Introduction There are many types of discrimination that can be found in different types of work environments. Discrimination complaints could be caused by an employee being treated unfairly because of race, color, national origin, sex, or religion. The Equal Employment Opportunity Commission (EEOC) was established to enforce discrimination laws that have been set up to protect the employees from the different types of discrimination. One of the key forms of legislation to protect employees is Title VII of the Civil Rights Act of 1964. Unfortunately, sexual harassment is a common complaint in a work environment. Sexual harassment does not just have to include inappropriate unwanted touching. Sexual harassment complaints also include derogatory, suggestive, or rude comments, intimidation, and displaying inappropriate photos within the workplace which creates a hostile work environment. Sexual harassment cases are filed with the courts in every state. This paper is going to concentrate on the Alabama case Reeves v. C.H Robinson Worldwide, Inc. A brief background of the reason for the complaint, employer defenses, and the court ruling will be covered. A final topic will analyze if an employer responsible if the accused harasser was an independent contractor instead of an employee. The Case Only two female employees worked for C.H. Robinson Worldwide, Inc. Reeves was employed as the transportation...
Words: 1000 - Pages: 4
...EMPLOYMENT LAW AND DISCRIMINATION Audrey Bennett-Coleman Judith Gray MBA/LAW 531 7/18/2016 Employment Law and Discrimination The Plaintiff, Johnathan Silverstein, is suing a coworker, Meredith Shaw, for sexual harassment based on the fact that she put a “sexy screen saver” on his computer that his supervisor observed. Mr. Silverstein claims that he lost a promotion based on the actions of Ms. Shaw. As the argument unfolds, the following six questions needs to be considered for the case. (1) Was the sexual behavior unwelcome? (2) Does the Plaintiff’s reaction meet the “reasonable person” standard? (3) Has a “hostile environment” been created? (4) Is there any employer liability? (5) Is there corroborative evidence to support the claim? (6) Is the claim credible? After evaluating the video “You be the Judge: Sexual Harassment" and analyzing each of the elements of this cause of action, the applicable defenses, and the bases for the Judge's ruling. As well as analyze the potential civil liability of both the employee and the employer. Lastly, analyze the different liability in this case if the sexual harasser were an independent contractor versus an employee. Cause of Action In this situation, Mr. Silverstein is filing a suit against the Ms. Shaw for sexual harassment in the workplace. There is the previous history of pranks within the office personnel that are inappropriate in nature. Mr. Silverstein explains that there is a total of four people working in the office...
Words: 1083 - Pages: 5
...I would like to select the organizational communication topic of sexual harassment. I believe this is an important topic that needs to be discussed in the workplace. Not only does the employee need to be protected but all companies need to protect themselves. (The U.S. Equal Opportunity Commission, 2013) The following topics need to be discussed and the company policies need to be put into place to protect all parties: (Global Compliance , 2013) 1. Does your company offer adequate training on the subject of sexual harassment? 2. Is your company incorporate the best practices and are they compliant with the applicable laws? 3. Does your company offer regular harassment prevention training to employees? 4. Does your company offer refresher training if they are not doing full yearly training? 5. Does your training cover all forms of harassment not just sexual in nature? 6. Is your training content developed by qualified professionals who know the current laws? 7. Do your employees understand the concept of protected classes? 8. Do your employees understand the term “hostile work environment”? 9. Do your employees understand the concept of “quid pro quo harassment”? 10. Do your employees know what retaliation is and how they are protected? 11. Do your employees know who to contact or who to report allegations of harassment to? 12. Are your employees familiar with how allegations are handled within your company? I will address the...
Words: 291 - Pages: 2