In order for us to determine our liability, should Paula sue for discrimination, we need to understand what the courts consider a hostile working environment, and determine if Sam has, in fact, created one. According to the U.S. Supreme Court, the frequency of the discriminatory conduct, the severity of the conduct, which includes whether it was physically threatening or humiliating, and whether or not the actions unreasonably interfere with the employee’s job performance, are all factors that determine if a hostile work environment exists (Cheeseman, 2010). The first factor to consider is that Paula and Sam had a sexual relationship that Paula ended. While there is no law prohibiting such a relationship it can be considered motive for Sam’s behavior. Secondly, it is Paula’s indication that Sam started exhibiting unwanted behaviors after the break up.
Discrimination can be seen in practise with stereotyping, labelling, disempowering, abusing, bullying, abuse of power, infringements of rights and over-riding individual’s rights. Stereotyping is when assumptions are made about groups based on information relating to a small number of people. In a health and social care setting, this discriminatory practise may be used by discriminating against someone’s disabilities or cognitive ability as they may think just because a person has a disability, that person will need constant surveillance and will never be independent when that is not necessarily true. This may affect the service user by making them feel devalued, marginalised and have low self-esteem and self-efficacy. Feeling devalued comes about when a
To be socially integrated and accepted. 1.2 Describe the potential effects of discrimination The effects of discrimination can come from indirect and direct discrimination. Directly for example is when an employer discriminates due to:- Religious or spiritual beliefs, Age, Sex/gender, Sexual orientation Nationality, Ethnic background, Race, Colour, Pregnancy/maternity leave Marriage/civil partnership, Gender reassignment (sex change), Disability. Indirectly for example
This is an important factor in demonstrating the value that is placed upon organizations and their ability to coerce employees to make decisions in one way or another, and how this type of behavior is unacceptable in all cases. 3. Did the questioning or statements by either supervisor Bates or supervisor Lofton constitute unlawful interrogation in violation of Section 8(a) (1) of the
S/he is generally in a position to reward and/or punish the victim, based on whether or not the offensive behavior is tolerated or granted. This is especially true in a quid pro quo situation. Quid pro quo, in terms of sexual harassment, takes place whenan individual receives a benefit, or avoids punishment, in exchange for submitting to inappropriate behavior of a sexual nature (Stier, 2005). Some actions that constitute sexual harassment are: sexist remarks about a person's clothing, body, or sexual activities; unnecessary touching, patting, pinching, or cornering; visual harassment (i.e., leering at or ogling an individual's body); displaying signs, posters and photos of an objectionable nature; demanding
1.1b -Define the following types of abuse - Sexual abuse Sexual abuse is where an individual is either forced or coerced into unwanted sexual activity. Signs of sexual abuse can include some or many of the following possible indicators: Loss of sleep, unexplained or unexpected changes in behaviour, bruising, soreness around genitals, torn, stained or bloody underwear, a pre-occupation with anything sexual, STDs. Unexpected or multiple indicators should at least raise the question of whether abuse is happening. 1.1c -Define the following types of abuse Emotional/psychological abuse Emotional or psychological abuse is where an individual uses words or actions that may result in psychological trauma to another, including anxiety, chronic depression or PTSD . Signs of emotional or psychological abuse can include some or many of the following possible indicators: Fear, depression, confusion, loss of sleep, unusual or unexpected changes in behaviour.
Aggression One example of an abnormal behavior in a workplace environment would be any act of aggression. An aggressive act can consist of physical or verbal behavior that is focused on intentionally harming another living
If you were the districts EEOC officer, what would you conclude? What disciplinary actions, if any, would you take? Sexual Harassment Human Resources Managers are charged with determining causation and liability in sexual harassment claims. Sexual Harassment is the “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature” (Bohlander, p. 112). Two types of sexual harassment are quid pro quo and hostile environment.
(Facts About Sexual Harassment, 2002). Explanation of how sexual harassment differs from gender discrimination Sexual harassment is defined by law and includes requests for sexual favors, sexual advances or other sexual conduct when (a) submission is either explicitly or implicitly a condition affecting academic or employment decisions; or (b) the behavior is sufficiently severe or pervasive as to create an intimidating, hostile or repugnant environment; or (c) the behavior persists despite objection by the person to whom the conduct is directed. Gender discrimination is about the "glass ceiling," stereotypes, and expectations of what women can and should be doing versus what men can and should be doing. Men are assumed to be competent. Women have to prove their competence over and over again.
Deviant behaviors are those behaviors that society considers to be bad, evil, sinful, criminal, insane, or even rude. Deviance is likely to produce some social efforts to punish and or control the deviant individual (sanctions). Deviance can be divided into categories along sexual lines which is to say that there are norms, social codes, standards, and moral codes for sexual behavior. Violation of the norms, social codes, standards and moral codes set up for heterosexuals are said to consist of “heterosexual deviant behaviors” or “heterosexual deviance. Several examples of heterosexual deviance include: teen sex, extramarital sex, pornography, cybersex, sexual harassment, and prostitution.