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.
Violating a person in such a way is horrible, cruel and it can lead to severe physiological problems of the victim. Rape is not beneficial to society and it is not agreed upon by both parties, but instead forced upon on the one not in agreement. Rape is not only with women, but also with children and men. There are those who specifically target women because they know they can overpower them if they need to in order to get their way. Children or minors may lack the judgment needed for valid consent.
It is important not to speak out of angry emotions, and again sometimes it is best to tell an employee that one may need to think on the matter first before responding. While it may not seem like a "big deal" it is important to make sure that the words that are used when speaking to employees are simple and clear. Some employees may not understand the use of large words, and therefore the message that the manager / supervisor is trying to convey may be lost. Good grammar is also a must for every type communication. Use of slang terms is not a wise idea, as what is acceptable in generation / culture could be offensive to the next.. We must make sure we are saying exactly what we mean to and clearly enough that so that others are going to hear exactly what the manager / supervisor is trying to say.
Under the Whistleblower Protection Act, employees who disclose illegal or improper activities are fully protected. The secretary is obviously troubled by the situation at her work. Refusing to prepare false expense reports for her boss is one way that the secretary expresses her feeling strongly that her company should do what is right. “The whistleblower profile is such that, if nothing is done to respond to their internal complaints, they often feel compelled to disclose to authorities outside the company-even to the media” (Halbert, Ingulli, 2012). In the primary interest of our entity, its incumbent upon employers to find a right balance between the exceptions to the employment-at-will doctrine to avoid liabilities associated with the violations of the exceptions.
If the workers are unreasonable, the management can decide to lock them out, meaning that employees will not be permitted to work. On the other hand, if management is unreasonable, the workers can decide to strike, meaning that they refuse to work until they get what they want. In conclusion, the formation of a union can be both beneficial and harmful to both the workers and the organization. Unions not only protect employees by helping to enforce the fair labor laws, by also by helping them to negotiate for better pay, safer working conditions, and many other things as
Being sexually harassed can make a lot of people feel powerless, but there laws in place protecting our right to a safe, non-hostile workplace. In the case of the hostile workplace, one might not be directly harassed, but if the language and attitudes of one's coworkers makes one feel marginalized, threatened, or objectified, it is important that one say something, if not directly to the offending party, then to a supervisor. In more direct cases, it is important that one report to their immediate supervisor about the incident. Many companies have specific procedures for such incidents, and those procedures are best followed to the letter. Document all complaints.
He has created a hostile work environment from her claims. Sam has violated the sex discrimination laws by not allowing Paula to transfer. There are many things that protect her in this case against employment discrimination. Pregnancy Discrimination is one that is violated by Sam denying Paula to transfer. This act is an amendment of the Title VII of the Civil Rights Act of 1964.
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).
Overall, I think filling the safety complaints was a great choice and that he did the right thing in doing that. The company violated OSHA and didn't take the complaints seriously. They also violated the employee by not acting on a serious issue. The courts verdict would reflect my job in this case because I would feel as If I didn't protect the employee and that I could of prevented the lawsuit. If I were a human resource manager, I would be ashamed and I would feel like I didn't do my job, and that I just ignored a safety issue that was serious.
Shirley Wright’s comment makes me more likely to file a formal complaint. Due to the fact that these new employees are making sexual references that are offensive and should not happen in the workplace, I feel that they should be punished. I do not agree with the punishment because I believe someone should be reprimanded but not fired. This is a first time occurrence so I don’t see why someone should get fired for that. I think they should be reprimanded and if it’s something that they continue to do then their punishment should be getting fired from their job.