The implied duty of fidelity protects business interests and imposes a obligation employee must not disclose any information or trade secrets of their employers business. Throughout the course of employment, an employer will obtain information, which may possibly be confidential information. If an employee’s position is highly ranked then there will be possibilities that the employer has acquired potential confidential business information that may be disclosed this type of situation will need to be addressed and employers will need protection. In Thomas v Farr plc. , the categories of information was sectioned out to address what type of information is not to be disclosed when the employment contract has ended.
Confidentiality - Workplace confidentiality is a framework of workplace procedures and policies designed to maintain the integrity of confidential or potentially compromising information handled in the workplace. For certain types of information, there are laws about how the information should be handled, designed to maintain privacy for people trusting companies with confidential information. For others, no specific laws dictate information handling practices, but the workplace develops best practices on the grounds that the information should be
The first problem is Sam getting involved with an employee. The relationship can cause favoritism at times and lack of proper managing. The relationship is a set up for some type of discrimination and harassment. Sexual harassment is a major issue in the workplace. Title VII is the basis for discrimination law and judicial decisions….its basic purpose is to prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin (Jennings, 2006).
In the second link given in the reference section, a case is been given wherein a supervisor was involved in quid pro quo kind of sexual harassment. In that case, supervisor threatened the sub ordinate women on her job. In the final decision employer was left free because the court said, it was the employees who were involved in the issue and employer has nothing to do with that. In the given case, with reference to the decision in the above explained case, employer can be left free as Virginia Pollard and other employees were involved in the sexual
Sexual Harassment is an unacceptable behavior and will not be tolerated under any circumstances-none! Sexual Harassment is defined as unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when any of the following occur: Submission to or rejection of such conduct is made either explicitly or implicitly, a term or condition of a person’s job, pay or career. Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person.
The legal issue to be decided The issue is about the sexual harassment of an employee by his supervisor. The US employment law under Title VII is associated with the case as it allows employers to avoid harassment liability that does not involve adverse employment action such as termination (James and Bridget). 3. The holding in the case The US Supreme Court decided that CBS must use affirmative defense in this case. The court affirmed the dismissal of plaintiff and acceptance claims under Title VII.
www.studentehelp.com 1. What defense can an employer use to a charge of sexual harassment? • The harassed employee was not made aware of the company's antiharassment policies. • The harassed employee took advantage of the preventive measures provided by the company but still could not avoid being harassed. • The employer does not have any complaint mechanisms for employees who are harassed.
• Sexual harassment includes: o unwanted attention or touching o sexual propositions o leering or staring o offensive language o displaying nude images o persistent requests for dates o crude or offensive jokes. • Harassment will not be tolerated and disciplinary action will be taken against those responsible. Inclusive language • When writing internal or external documents, ensure that non-sexist and non-racist language is used by: o avoiding male-dominated terms (e.g. use ‘chair’ or ‘chairperson’ instead of ‘chairman’) o eliminating the unnecessary use of the person’s gender (e.g. ‘female Manager’) o avoiding the use of ‘he’ or ‘she’ (use ‘their’ instead of ‘his’ or ‘her’).
Vulnerability Assessment The company has a duty to investigate all claims of harassment in a timely and thorough manner. Barrett Consulting, Inc. chose not to respond to initial allegations of harassment previously reported to the incident that Ms. Primrose and an anonymous complaint indicated and as such may be sued on the basis of the negligence standard for liability for the following two reasons: 1. The employer knew about the harassment as it was previously reported, and 2. The employer failed to take prompt and appropriate action to stop the harassment of the three uninvestigated incidents (Walsh, 290). The plaintiffs will be able to show that the harassment was because of sex, which is a protected class.
However, the author does not want to celebrate the existence of a market for commoditized sex due to the data from her research. As O’Connell Davidson talks about prostitution and property in the person, it leaves an open question about what can, and cannot be contractually exchanged across the market. Because it cannot be separated from the person of the laborer, it is not labor that is exchanged, sold or surrendered across a market. He wage labor contract actually involves a transfer of powers of command over the person since property in the person cannot be separated from the person. Likewise, sex or sexual labor is not exchanged in the prostitution contract.