Employment Discrimination Law

Employers need to have a clear understanding about the laws that are in place to protect them and their employees as well as how to prevent and address such claims. An option for employers is provide training for their employees and supervisors. Research shows that 49.7% of harassment cases are seen between co-workers, 26.4% from direct supervisors, 17.1% from other superior, and 6.8% from customers and vendors (Glazer, 1996). The trainings Santiago-Santos will provide employers with an insight on how to adapt their internal policies to comply with employment laws. Also, the employer training will help them develop a process of reporting and dealing with such claims internally and what their rights are when a claim reaches the Equal Employment Opportunity Commission (EEOC).

Sexual harassment is always a legal topic in the work environment because the ramifications are so severe, but at the same time very abstract to describe what can constitute sexual harassment. This paper will take into consideration different elements of the law including Employment Law and cases tried before the U.S. Supreme Court. It will also offer suggestions for corrective action pertaining to the issue of sexual harassment in the workplace.

Sexual harassment was made illegal in the workplace under Title VII of the Civil Rights Act of 1964. This article “protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion” (“Title VII”). Although the bill was originally passed to combat the “growing unrest in the country emanating from the pervasive and egregious racial discrimination and segregation exposed during the civil rights protests in the 1960s,” it has since grown to encompass all areas of discrimination in the field of employment (“Pre 1965”). The same act also created the Equal Employment Opportunity Commission to enforce

Sexual harassment is a demeaning practice, one that constitutes a profound affront to the dignity of the employees forced to endure it.  By requiring an employee to contend with unwelcome sexual actions or explicit sexual demands, sexual harassment in the workplace attacks the dignity and self-respect of the victim both as an employee and as a human being. Sexual harassment is well defined as an unwelcome sexual request for sexual favors and other verbal or physical conduct of a sexual nature. In many countries, sexual harassment is considered a form of sexual abuse and employment discrimination. Sexual harassment is most prevalent is organizations both professional and academic, though it can occur almost anywhere.

Sexual harassment is considered to be a form of sex discrimination under Title VII of the Civil Rights Act of 1964, which applies to all U.S. employers with 15 or more employees (some state laws may provide additional worker protections). Anyone affected by the offensive conduct in question, not just the person to whom it is directed, may be a victim.

The employees must be able to file complaints either by the phone to the HRD or through the company’s website. 2. Every employee at all levels of the company should receive training to review the sexual harassment policy and keep records of those training sessions and have the employee sign with date stating they attended and also understood the training. I also think that this should be done on a yearly basis (mostly during recruiting process) and all those records must be maintained by the Human Resources Department. 3. The company’s website should be tracked at the end of every night to determine if there were any unresolved issues. If the employees are be unable to file a complaint even with these different ways available and with the exclusive anonymity option provided by the employer, then the company cannot not be held liable and the employer is reasonably free of vicarious liability for the actions of its

Work place policies regarding sexual harassment is the main issue discussed in this article. Sexual harassment has continued to be a challenge within the workplace. According to a recent review of sexual harassment related resolutions, employers have paid over $732,976.00 in sexual harassment fines (Hobson, Szostek, & Fitzgerald, 2015). The EEOC has issued written guidelines for appropriate strategies employers should use to handle workplace sexual harassment and specific ways to address it. It is the employer’s duty to proactively work to protect all employees from any type of sexual harassment by following sexual harassment policies and procedures that are put in place. Failure to implement and follow the policy and procedure in the workplace can and most likely will lead to liability should an EEOC investigation or lawsuit occur. The employer needs to disperse copies of the policies and procedures and post them in central locations throughout the organization and address sexual harassment in the employee handbooks. The policy and procedures need to clear

Sexual harassment in the workplace is a huge problem in recent history. It can happen to anyone and it can happen everywhere. It can affect all types of races, gender and age. Statistics today shows that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consume covering sexual harassment because of the high profile cases. Sexual harassment becomes a topic on various TV shows, and on some major morning radio talk shows mostly everyday. Sexual harassment laws must be strengthened in order to fix what has become a serious problem today in the workplace.

In our society sexual harassment has been in the workplace for years. The use of sexual harassment in the workplace has been remembered best as a weapon used to keep women in their place which would cause them to forfeit promotions within their organizations. It was once believed that women were the only victims but the shift is now changing men are also reporting that they are also victims of sexual harassment on the job. In 1964 the Civil Rights Act was passed and employers began to recognize that they were liable for two types of sexual harassment. The first kind of harassment is Quid pro quo when a supervisor offers the employee sexual advances in order to get or keep a job, and also this harassment is used to determined if an

There are many consequences to violators of workplace sexual harassment laws. It is up to the employer to exercise due care that their employees are not harassed. Sexual harassment has an impact on employers as well as its employees. When harassed workers lose concentration, when it interferes with their judgment, when they are difficult to motivate or tend to be late or absent, employers incur significant losses. In these circumstances, productivity may decrease, team work be jeopardized, and the risk of workplace accidents increase. Ultimately, employers may lose valuable workers, while others may be dissuaded from applying for vacancies.

Sexual misconduct in the workplace has been a problem for women and in recent year’s men as well. Unfortunately, in the past this topic was overlooked until the case of Meritor Savings v. Vinson. We will establish the criteria for determining when unwelcome conduct of sexual nature constitutes harassment according to Title VII. Additionally, we will ascertain how to evaluate evidence of harassment, whether a work environment is sexually antagonistic, holding employers liable legally responsible for sexual harassment by supervisors; and analyzing preventive and corrective action

Sexual Harassment comes in many forms and weather spoken, verbal, written or the behavior itself, it makes the person uncomfortable and the end results is all same, Sexual Harassment is unwelcome and unwanted behavior. Sexual Harassment discrimination is illegal. It is the employer obligation to make sure their organization and employees have protection from discrimination. This paper will show that Jacksonville shipyard acted unethically by failing to protect one of their employees Lois Robinson. Jacksonville Shipyard was well aware that Ms. Robinson faced sexual harassment on a daily basis by her male co- workers. Once Lois complained to Management that she objected to the co-workers behaviors , instead of helping her they made

In this research paper I would fully discuss what sexual harassment. I will start on the origin of sexual harassment and how it came into law. I will discuss what environment of sexual harassment looks like in the work place. The reader should be able to discover the different types of sexual harassment: Quid pro quo and Indirect. I will show you illustrated trends of sexual harassment in the work place over the years. I will discuss how sexual harassment affect both parties, meaning the employer and the employee. I will back up theses affects by laws that are set in place to protect the employee and hold the employer responsible. I will give an analysis on recent litigation involving sexual harassment in the workplace. In my conclusion I will give a recommendation on how to prevent sexual harassment in the workplace and what management can to protect their employees.

Another form of sexual harassment is a hostile work environment. The hostile environment theory involves sexual advances between the supervisor and the employee. An employee’s work performance will be less effective due to these so-called sexual advances. However, a victim can file a complaint against their harasser so that they do not continuously force them to participate. Consequently, they will be forced to hand in their resignation. [This is an issue of power and has nothing to do with sex. For this reason, both male and females can be the harasser. The harasser’s main purpose is to force another to feel or act in a certain way. Sometimes, sexual harassment causes an individual from effectively performing his/her job. As a result, is undermines an individual’s dignity. In our society, there are three essential factors that relate to the issue of sexual advances. These elements are a divergence of perceptions, the complexity of human behavior and the attitudes of a sexist.]

Sexual harassment is a very significant issue that companies strongly address with their human resources department to reiterate the importance of reporting and preventing it and as well as other reputation detrimental issues in the work place. The fact that a female professional reported the sexual harassment to HR and nothing was done about it sends a clear message to