Employment Law Sexual Harassment Research Paper FARAGHER v. CITY OF BOCA RATON Professor: Julie Girten Brian Ellison November 22, 2012 HRM 320 1.) Define sexual harassment as the term is used legally. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment. Sexual harassment is a form of Sex Discrimination that occurs in the workplace. Persons who are the victims of sexual harassment may sue under Title VII of the Civil Rights Act of 1964 (42 U.S.C.A.
Follow-up to ensure changes have been made. Cii Report again in writing. Go to higher level of management. It is our duty of care to ensure that this unsafe practice is corrected. Ciii Disabilities Age Mental capacity/disability Civ A person centred approach will ensure that the service users are making their own decisions when and where possible.
Health and Safety – to ensure we are compliant with any local legislation and group policies and procedures. Compliance – to satisfy legislative and regulatory requirements such as equal opportunities, minimum wage, recruitment planning, equal pay, and JFSC category requirements, which include man-power reports and confirmation of licences held. In addition, to protect the organisation from any claims relating to employee discrimination or unfair dismissal claims HR records include a range of data such as:- • Recruitment and Selection • Pay and reward • Training and Development / Qualifications • Absence • Personal records Absence records enable HR to identify patterns of staff absence, and monitor productivity. These records also highlight any potential problems for example “work related stress” patterns which can be used to support appraisal or performance management needs and also back to work interviews. It also allows HR to analyse data and action accordingly.
INTRODUCTION It is an obligation of an employer to aggressively protect their employees from any form of Harassment and discrimination in the workplace. To instill a zero tolerance towards these issues, it is crucial for employers to educate themselves and their employees on issues, regulations and policies associated with them. In the following dissertation, I plan to describe how laws, regulations and policies against sexual harassment, harassment and discrimination in the workplace play a vital role on the business brand and relations with all employees regardless of nationality. The Equal Employment Opportunity Commission (EEOC) for sexual harassment defines sexual harassment as unwelcomed sexual advances, requests for sexual favors, and other verbal/Non- verbal, or physical conduct of a sexual nature. Harassment includes but not limited to any offensive conduct that has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, offensive, or hostile environment.
Ethical Dilemma: Sexual Harassment in the Workplace Introduction Sexual Harassment in the workplace is an ongoing epidemic in today’s workforce that if left unmanaged, has great potential to derail the culture and success of an organization. Sexual harassment has hardly ever been examined from an ethical perspective. We will view it from the utilitarian perspective and discuss ways to employers can gain control and prevent the act from occurring. Defining Sexual Harassment Sexual Harassment is the unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that disrupts the workplace. Sexual harassment falls into two categories: quid pro quo sexual harassment and hostile environment sexual harassment.
| * Allow enough time for employees to make appropriate decisions about separation/termination events that affect them. | * Protect confidentiality and ensure respect for individuals involved. | 2) What are some questions you could ask when doing a training needs analysis that would clarify whether staff were appropriately skilled to manage disciplinary action? * For what purpose is the research being done and what does the
Employees must cooperate with these arrangements and take reasonable care of themselves and others. Employers have a duty to display a health and safety law poster. Control of Substances Hazardous To Health Regulations (COSSH) 1994 Early years setting’s regularly uses cleaning products that could potentially be hazardous. Cleaning maybe required after toileting or paint spillages or any other accident. The following guidelines should be followed to minimise risk of injury: Employers should give training on control measures and how to use them, provide protective clothing and equipment along with emergency procedures.
Equal Employment Opportunity Commission adopted its Policy Guidance on Employer Liability under Title VII. Title VII does not prohibit isolated incidences of preferential treatment because of a consensual sexual relationship or special treatment because the individual is a spouse or friend. However, employers can be held liable based on these three exceptions: implied quid pro quo, sexual favors that are considered to be widespread within the workplace, or the jilted lover scenario (Title VII and the Workplace Romance", 2012) The first exception is the quid pro quo rule. This rule states that the employee who submits to an employer’s sexual advances and benefits from it may not be able to file sexual harassment charges later, however, co-workers may have a claim. When an employee receives advancement because of the relationship, co-workers who have more seniority or are more qualified for the promotion may file a claim that they were discriminated against, arguing that sexual favors was an implied condition of receiving the promotion.
“Harassment is a form of employment discrimination that violated the VII of the Civil Rights Act of 1964.”(U.S. Equal Employment Opportunity Commission, 2009). To make it clear, discrimination at the workplace is the act of harassing a workers colleague or an employee being harassed by their boss or even a boss being harassed by a co-worker. In this case, the employees or supervisor feel distress or even hostility. Therefore, employers need to write a harassment policy to keep a healthy working environment and employees need to learn how to keep their workplace environment healthy.
It may be verbal, visual, written, or physical and can occur between people of different genders or those of the same sex. In this case Allen sometimes stops by Lavonda’s office and begins to touch and even grope her. He also uses graphic and vulgar sexual languages when he comes to her office or when he calls her on phone. Hostile work environment: One can say there is a hostile work environment, when the following criteria are met. That is when the conduct is unwelcome; the conduct is severe, pervasive, and regarded by the claimant as so hostile or offensive as to alter his or her conditions of employment; and the conduct is such that a reasonable person would find it hostile or offensive.