Holder In Due Course Analysis

Harassment in the workplace of any type violates the Title VII of the Civil Rights Acts of 1964, the ADEA of 1967 and the ADA OF 1990 because it is form of discrimination (U.S Equal Employment Opportunity Commission, n.d.). These laws protect individuals against discrimination in the workplace and allows them to have a voice and speak up without fear. Harassment constitutes as unwanted conduct, which can sometimes be sexual, based on color, sex, race/ religion, disability, national origin and sexual orientation. According to the U.S Equal Employment Opportunity Commission (n.d), “anti-discrimination laws prohibit against individuals in retaliation for filing a discrimination charge, testifying, or participating in

The United States Equal Employment Opportunity Commission (EEOC) (n.d.) defines sexual harassment as, “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature” (para. 1). The EEOC (n.d.) expands on the definition of sexual harassment to include “teasing, offhand comments, or isolated incidents that are not very serious” (para. 4), but create an environment that is hostile or offensive to work in while impacting the employee’s job status. Employees of the organization and the organization’s customers can be instigators of sexual harassment toward an employee. When the harassment occurs in a work capacity, the employer has vicarious liability. Vicarious liability holds the employer or the employer’s principle liable for the actions of the employee or agent (Cornell University Law School, n.d.a) while in a working

Under Title VII of the Civil Rights Act of 1964, Sexual harassment is a form of sex discrimination. Federal law as well as various state fair-employment laws prohibit employers with 15 or more employees from treating members of one sex or race differently from members of the opposite sex or another race in terms, conditions, or privileges of employment. The statutory and regulatory laws govern the entire employment process from pre-employment activities such as recruiting, through an employee 's career with the organization, including termination. The prohibition against sex discrimination imposes responsibility upon employers to afford their employees an environment free from sexual harassment and from the fear that it may occur.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. As an HR manager, creating a Harassment-Free Workplace is very important. An employer's obligations with regard to sexual harassment arise before any act of sexual harassment occurs. The EEOC requires that employers take reasonable steps to prevent harassment before it occurs. Most states have discrimination prohibition enforcement agencies, which generally impose similar requirements. Many states (including California) require an employer to post a sexual harassment prevention notice advising employees of their right to a harassment-free workplace; this is different from, and over and above, an employer's obligation under Title VII to post a general discrimination prevention poster.( Mark I.

Consideration can be classified as one party expect to get benefit from other according to the act performed by parties with a contractual deal. The benefit can be something valuable such as product or service and not only the money. It can be divided into 3 type of consideration which is executed, executor and past consideration. Executed consideration defined as when the promise carried out and thus the act has been carried

Under title VII of the 1964 Civil Rights Act, commonly referred to as Title VII, when an employer causes, condones, or fails to eliminate unfair treatment of women in the workplace, liability may be found. A precise definition of sexual harassment is hard to provide, however it is often more easily recognized than defined. The Equal Employment Opportunity Commission describes sexual harassment as follows:

Title VII of the Civil Rights Act of 1964 was outlines two types of workplace sexual harassment (quid pro quo and hostile work environment), employer liability and strategies and procedures to put an end to this behavior. Quid pro quo is when a person in authority communicates to their subordinates that they must allow the sexual harassment to keep their job or get certain benefits, including raises or promotions. Hostile work environment harassment is when behavior is unwelcome, based on

Being of legal age and of sound mind is the capacity of the contract. Capacity means a person’s legal ability to enter into a contract. When looking at who can enter a contract a few

Webster dictionary defines a contract to be a legal agreement between people, companies, etc., a document on which the words of a contract are written and or: an agreement to kill a person for money (Webster, 2016). A contract is what binds verbal agreements to written agreements that can hold one or another liable for any terms that are said in a contract. Although there are written contracts some can and can’t be held liable in a court of law. There are several things that are important for a contract to have that can be held liable. The five things are: 1. Offer, 2. Acceptance, 3. Consideration (something of legal value given and received by each party to the contract), 4. Capacity (mental capacity or legal ability), 5. Legality (of purpose).

Capacity to contract – To enter into a contract, a person has to be legally able in terms of legal age and mental state which is known as the capacity to contract.

Not all people are completely free to enter into a valid contract. The contracts of the groups of people listed below involve problematic consent, and are dealt with separately, as follows:

The third element of a valid contract is consideration. According to Section 2 (d) of CA 1950, Consideration for the promise is when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise. An agreement without consideration is voidable. Consideration is usually made in order to get something valuable in return, for example, money. However, the consideration must not be unlawful and gratuitous. There are three types of considerations which are executory, executed, and past consideration. Consideration is executory when there is an exchange of promises to perform acts in the future. Meanwhile, when a promise is made in exchange for an act, when that act is performed, it is executed consideration. If a party voluntarily acts and then the other party makes a promise, the act is said to be "past consideration".

Consideration which is another element of contact consists of either a benefit to the promisor or a detriment to the promise. It is a present exchange bargained for in return for a promise. It may consist of some right, interest, profit, or benefit that accrues to one party, or alternatively, of some forbearance, loss or responsibility that is undertaken or incurred by the other party. It is not necessary for a contract to be supported by a monetary consideration. For example Jim and Laura made consideration by leaving the $100.00 but later change their mind about the deal.

Consideration – Any contract to be enforceable by law must have lawful consideration. It may be generally defined as the price that is paid in return for a promise.

Contract law is based on a written or verbal agreement, it contains the elements of offer, acceptance and consideration. Consideration refers to the value of what each party receives in order to undergo their part of the contract. When a contract is breached, the party that suffers must be compensated as they have lost this consideration.