...Personnel Rights, Diversity, Sexual Harassment, and Affirmative Action Hilda Vazquez 12/9/12 PAD 530 Dr. Marion Lee Abstract There are several key elements in the composition of a successful business, and more so of a successful country. Being aware of unfair behavior toward a group of people or person's unfortunately lives within our nation today. Personnel rights are extremely important, and sacred as an employee of public administration as they still have the rights of the rest of Americans. It can become difficult for government to not continuously keep a watchful eye on each employee. Diversity continues to grow, and the more technologically savvy we become the bigger importance of diversification will be necessary. It's crucial for employers to see the importance of diversification in the work place, as it can affect their success in business. Personnel rights and diversification play vital role in the development of a fair place of employment, but even more importantly the issues of sexual harassment and affirmative action play a serious role in daily functioning of public administration. Personnel Rights, Diversity, Sexual Harassment, and Affirmative Action Personnel Rights- The rights of personnel are as follows, the right to privacy, protection against discrimination, the right to free speech. The idea is to enable personnel employees to have the same rights as any citizen of the U.S. The lines end up getting very blurry...
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...Evaluate and critique the role of public personnel administration in protecting employee rights. Although public personnel administration has much in common with its private sector counterpart, there are also fundamental differences in practices between the two sectors. Many of those differences are grounded in the political environment of public management. Public personnel practices are open to public scrutiny, and partisan issues and questions of political control are always on the agenda (Nigro, Nigro, & Kellough, 2007, p.233). Public employees retain important constitutional rights when they enter the public service, and as a result, the actions available to personnel managers in the public sector are limited in significant ways. Public employees had virtually no rights in termination proceedings (Nigro, Nigro, & Kellough, 2007, p.234). For public workers, the most important change was when the Supreme Court established that they may have property and liberty interest in their jobs that warrant protection under the due process clause. Equal protection of the laws is required by the Constitution’s Fourteenth Amendment. Equal protection cases arise when government draws distinctions between people. The first standard requires that a rational basis exist for the distinctions drawn between individuals. (Nigro, Nigro, & Kellough, 2007, p.239). The second standard is strict scrutiny. This has usually been applied when government classifications limit fundamental freedoms...
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...Case Study: Pomodoro, Inc.: Food and Beverage industry. USA employment related Laws and Regulations which includes Anti- sexual harassment and a comprehensive interpretation of the laws as they apply to Pomodoro, Inc. Introduction: Pomodoro, Inc. will need to become familiarized with the employment laws and regulations that are governed by the United States Department of Labor and the United States Equal Employment Opportunity Commission. This paper will give a summary of each law or regulation. This position paper is going to brief the audience globally on the USA employment laws and regulations but not limited to Sexual harassment, Wage and Salary Legislation, Recruitment, Interviewing, Affirmative Action, Equal Employment and the ADA. This paper will go over the history of a few of the important acts that have been passed over the years to protect employees in the United States. It will also discuss the major protections that these acts provide and who are eligible for that protection. Now that the Pomodoro, Inc. is now a global business environment, the working individual overseas are relying on paid work, to make a living, and for the social and economic wellbeing of the community where they live, and encouraging more and more people, organizations, even nations to concern about the employment relationship. ('UK'). What is Employment Law and why is it important? Employment laws are put into place to protect employees from any mistreatment by their employers...
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...SEXUAL HARASSMENT AT WORKPLACE INTRODUCTION:- SEXUAL HARASSMENT Sexual harassment is any sexually oriented practice that endangers an individual’s continued employment, negatively affects his or her work performance or undermines his or her sense of personal dignity. Sexual Harassment can manifest itself both physically and psychologically. In it’s milder form it can involve verbal innuendo and inappropriate affectionate gestures. It can however, escalate to extreme behavior amounting to attempted rape and rape. Physically the recipient may be the victim of pinching, grabbing, hugging, patting, leering, brushing against, and touching. Psychological harassment can involve a relentless proposal of physical intimacy, beginning with subtle hints...
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...Sexual Harassment of Female Secondary to Undergraduate Students in Elite Educational Institutes of Lahore Danyal Haider Raja Qaiser Zeeshan Butt Osama Eshaq Rabia Nafees Shah Academic Writing June 27th 2015 Lahore School of Economics Sexual Harassment of Female Secondary to Undergraduate Students in Elite Educational Institutes of Lahore Introduction The idea for this research sprung from the rising trend of illicit student-teacher relationships in the United States of America, projected actively on the social media. This movement inspired the thought that such behavior may well be prevalent in Pakistan as well and never come to the forefront. The research aims to identify the types of harassment that exist in the secondary and undergraduate sectors of education in Pakistan and the reasons why these incidents are not brought to the attention of the legal system. So far there has not been a study on female sexual harassment in Pakistan that explores the incidence of harassment among the female student community, which is irksome especially given the recent accusations of harassment leveled against an instructor at the Lahore University of Management Sciences (LUMS), a prestigious university in a posh area of Lahore. One would assume that such an incident would be stimulus enough for rights’ groups to initiate a research into this aspect of female harassment, which is why we have taken it upon ourselves to do so. The research will be primary in nature, conducted...
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...Sexual harassment is a form of bullying or coercion of a sexual nature. The effect of sexual harassment differs from person to person and depends on the severity of the incidence, but in all the cases is affects the well-being of a person and environment of an organization negatively. This form of intimidation is not new in Australian workplace. NSW Tribunal Observation says that “a person is sexually harassed if he or she is subjected to unsolicited and unwelcome sexual conduct by a person who stands in a position of power in relation to him or her”. [O’Callaghan v Loder (no 2) [1983] 3 NSW LR 89 at 92] The Sex Discrimination Act 1984 (Cth) makes sexual harassment unlawful. Sexual harassment continues to be a gender issue where one third of the women have experienced some kind of harassment from the age of 15 compared to one in ten men. (AHRC 2008 National Survey finidings) Nearly one in five complaints received by the Australian Human Rights Commission under theSex Discrimination Act 1984 (Cth) relate to sexual harassment. The vast majority of these take place in the workplace.2 (Australian Human Rights Commission, 'Annual Report 2006-2007') A telephone poll commissioned by the Commission in 2003 found that over 28 per cent of women had experienced sexual harassment in the workplace, compared to seven per cent of men. Less than one third of interviewees from the Commission's telephone survey who experienced sexual harassment in the workplace made a formal report or complaint...
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...paragraphs below. There are many pros for the use of Consensual Relationship Agreements in the workplace. In a study by Parks in 2006, fewer than 15% of employers had a policy dealing with romance or sexual relationships in the workplace (Parks, 2006). The workplace has always been a major place for individuals to meet and learn about each other. This proximity may lead to attraction and romance, which in turn could make more problems for the organization. According to Clark (2006), “About 80% of employees may be involved in or know of a workplace romance” (p. 350). Some employers try to ward off sexual harassment charges and other problems stemming from office romances by having the employees who are romantically involved read and sign a consensual relationship agreement. According to Schwartz and Storm (2000), “A sexual harassment lawsuit can arise from either 1. A supervisor who has a habit of asking subordinates out of dates; 2. An employee who files a lawsuit after a consensual relationship goes sour; or 3. The perception of co-workers that a supervisor is playing favorites with his or her “significant other” (p. 150). Sexual harassment laws prohibit “unwelcome” sexual advances. Therefore, the participants in a truly “consensual” relationship cannot prove sexual harassment. The difficulty for the employer is proving that the relationship was consensual. Often, an employee will...
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...525 Constitutions and Administrative Law Professor Richard Freeman May 20, 2012 ABSRACT The First Amendment stated that all American citizens are entitled to the freedom of speech and association. However, the Supreme Court has ruled many times that that right is not completely guarantied. In the work place there are laws that protect us from workplace harassment. There is thin line between freedom of speech and sexual or other forms of harassment. The Freedom of Information Act empowered private citizens and organization to ability to request information from any government agency but sometime there may be a conflict in what the agency would want to allow for the public due to the national security. It is times like this that the Supreme Court is required to be involved. On February 1986, Lawrence Korb the vice president of Washington operation for Raytheon was invited to speak at a Washington policy group on Capitol Hill in Washington D.C. Before then, He was assistant secretary for defense in the Reagan’s administration. In his speech Korb advocated the need for the Reagan Administration to reduce its budget spending in line with the budget and reduce the budget deficit. In his speech, he listed some of the agencies that he believed that could be reduced and what programs. The next morning, it was a front page Washington Post article “Pentagon ExDefender Turn Critic”. John Lehman, the secretary of the Navy was not amused because listed among...
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... Equal Employment Opportunity Policy C&C is commited and please to offer equal employement opportunities to all that apply and to all current employees. C&C will comply to all applicable equal opportunity laws, affirmative action laws and any other laws that are applicable to equality opportunities to employees. All State, Federal, and Local governing laws will be strictly upheld and under no circumstances will the organization willing or knowing commit to such acts. All will have equal opportunity for employment, promotion on all levels, lateral moves and training. C&C will never disqualify any individual on the basis of race, color, creed, religion, sex, national orgin, ancestry, marital status, disability, age, sexual orientation, or affectional preference, miliatary status, or Vietnam era veteran. The company will only hire, recruit, train and promote on all job levels the most qualified individuals based on experience, education,...
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...The U.S. Small Business Administration sets guidelines for a business to be considered a small business. Small Business Administration (SBA) sets limitations on the amount of gross revenue on an organization that may collect before the agency considers it a big business. (Evans, n.d.) Depending on the type of service business depends on the revenue cap to consider it a small business. Retail service cannot earn no more than $5 to $21 mil in a three year period, construction service can earn $13.5 to $17 mil in a three year period, and agricultural can earn $0.5 to $9 mil in a three year period to be considered a small business. (Evans, n.d.) If they earn anymore they are considered big business. To be considered a small business it must have less than 15 employees. A small business, by contrast, typically encourages employees to take risks, innovate and even circumvent management-established policies to find new ways of increasing efficiency. (Evans, n.d.) Small businesses unlike big businesses have a single owner usually. Small businesses must be operated for profit, according to the SBA, and may not pursue non-profit status. (Evans, n.d.) The laws of EEOC for all the businesses, small or big business include; Title VII of the Civil Rights of 1964, Pregnancy Discrimination Act, The Equal Pay Act of 1963 (EPA), The Age Discrimination in Employment Act of 1967 (ADEA), Title 1 of the Americans with Disabilities Act of 1990 (ADA), and Sections 501 and 505 of the Rehabilitation...
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...harassment From "Collins Dictionary of Law" 1 the offence in England of using threatening or abusive or insulting words within the hearing or sight of a person likely to be harassed thereby: Public Order Act 1986. 2 conduct which may require a person to be given legal protection in terms of the Protection from Harassment Act 1997. For these purposes harassment is not defined but it includes causing the person alarm or distress. For the courts to act under this legislation the harassment was caused by a course of conduct. This is defined in the Act as conduct on more than one occasion. It need not be the same conduct on each occasion. There are defences such as that the conduct was reasonable in the circumstances. It is not open to plead as a defence that it was not intended by the alleged offender that alarm be caused. It is enough if his or her conduct would cause harassment, if a reasonable person, in possession of the same information, would think that the course of conduct would have that effect. Similar rules apply in Scotland. 3 it is an offence in England to harass a person with demands for payment that are calculated to subject him or his household to alarm, distress or humiliation, or to pretend that criminal proceedings might be possible if payment is not made: Administration of Justice Act 1970. 4 harassment is not of itself a tort but the Protection from Harassment Act 1997, effectively creates a statutory tort and delict in Scotland. 5 sexual harassment...
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...------------------------------------------------- Sexual Orientation Development Sexual orientation is an enduring emotional, romantic, or sexual attraction that one feels toward men, toward women or toward both. Although sexual orientation ranges along a continuum, it is generally discussed in terms of heterosexual — attraction to the other sex — homosexual —attraction to the same sex — and bisexual —attraction to both sexes. Sexual orientation has not been conclusively found to be determined by any particular factor or factors, and the timing of the emergence, recognition and expression of one’s sexual orientation varies among individuals. Sexual orientation is not synonymous with sexual activity. Many adolescents as well as adults may identify themselves as lesbian, gay or bisexual without having had any sexual experience with persons of the same sex. Other young people have had sexual experiences with a person of the same sex but do not consider themselves lesbian, gay or bisexual. This is particularly relevant during adolescence because experimentation and discovery are normal and common during this developmental period. Lesbian, gay and bisexual adolescents follow developmental pathways that are both similar to and different from those of heterosexual adolescents. All teenagers face certain developmental challenges, such as developing social skills, thinking about career choices and fitting into a peer group. Like most heterosexual youths, most lesbian, gay and bisexual...
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...TOPIC SUBJECT HEADINGS For use in Online Catalog (OPAC) SUBJECT HEADINGS For Sample Database Searches Abortion Abortion; Pro-Choice Movement; Pro-Life Movement Abortion Acid rain SEE ALSO Pollution Acid Rain Acid Rain Adoption (interracial, unmarried persons, gays) Adoption; Gay parents; Interracial adoption Adoption AIDS AIDS (Disease); AIDS (Disease) in children AIDS (Disease); Pediatric AIDS (Disease) Alzheimer's disease Alzheimer's disease Alzheimer's disease Animal rights Animal experimentation; Animal rights Animal experimentation; Animal rights Anorexia and Bulimia SEE Eating disorders Athletes and drugs Doping in Sports Drugs and Athletes Banking Bailout (2008) Bailout Battered women SEE ALSO Wife Abuse Abused women Conjugal abuse Birth control Birth control; Contraception Birth control; Contraception Black Reparations Movement Reparations; Slavery--Law and legislation Reparations Body language Body language; Gesture; Nonverbal communication Nonverbal communication Bullying Bullying Bullying; Cyberbullying Business ethics Business ethics; Corporations - Corrupt practices Business ethics; Business enterprises, Corrupt practices Capital punishment (Death Penalty) Capital punishment; Death row Capital punishment Cancer Cancer--Prevention SEE ALSO types of cancer, such asBreast--Cancer Neoplasms--Prevention and Control;Cancer Treatment Censorship SEE ALSO Freedom of the Press Censorship; Prohibited...
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...eventually quit because they couldn’t handle it anymore (Bennett-Alexander, 2012). Since bullying is such a common offense, it is often difficult to detect. This briefing will provide information about the problem, guidance on how to tackle it before it gets out of control, and what to include in an effective prevention policy and how to put it into action. What is bullying? The Occupational Safety and Health Administration (OSHA) classified workplace bullying not only as a form of harassment; they also gave bullying its own category under their definition of workplace violence (“Workplace violence”, n.d.). If not dealt with immediately, the bullying has the potential to lead into something more severe or fatal. Bullying is not just an employment problem; it’s an issue of power and feeling dominant. It can also raise health and safety concerns. With the introduction of relevant policies and gaining the support of its members, any organization can prevent a culture of bullying. OSHA’s description of bullying involves unwanted physical contact, public humiliation, name-calling, starting rumors about a fellow employee, making another employee feel unwanted or invisible, and the malicious teasing of another...
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...The Three Encounters 1 The Three Encounters of NewCorp Pamela A. McCullough University of Phoenix The Three Encounters 2 The Three Encounters of NewCorp FastServe Inc. is a 25 million dollar branded sports Apparel Company with an employee roster of 350 people working in the company in direct marketing. The company has two online marketing and distribution channels which they opened up for boys and girls. They now moved 10 percent of the workforce to manage the online distribution. In the simulation it states that technology began to pose problems for FastServe Inc. soon after the website went live. FasteServe inc. wanted their target audience to be Generation Y and although the 3-D ‘drape-n- see” mannequins on the site attracted that market it was hard for them to download from the site causing people not to buy any items from the site. This then became a problem which made it hard for technological investors to be feasible. Since this form of selling the merchandise was not working FastServe Inc. decided to move out of online distribution. The fallout of this decision was expected and the online division had to be downsized. Now the only thing to do is to keep employees based on their job performance and skill levels and give them a new job definition. All other employees will have to be released. The senior Management in the Human Resources department has to consider the legal implications of the decisions of the company....
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