Essay on Hrm593 Week 3 Assignment

In corporate America, sexual harassment is a huge concern amongst many organizations. The matter of sexual harassment is an issue that needs to be immediately attended to in

Plaintiff, Deborah Burke, submits this memorandum in opposition to Defendant Strickland Watson Pierce, P.C.’s Motion to Dismiss. Plaintiff’s retaliation claim should not be dismissed because she exhausted all the administrative remedies by filing a charge of discrimination with the EEOC and being terminated during the investigation. Jones v. Calvert Group, Ltd., 551 F.3d 297 (4th Cir. 2009); Clockedile v. New Hampshire Dept. of Corr., 245 F.3d 1 (1st Cir. 2001); Franceschi v. U.S. Dept. of Veterans Affairs, 514 F.3d 81 (1st Cir. 2008). Further, the conduct she suffered in the workplace was sufficiently severe to qualify as a sexually hostile environment. The Court should deny the motion.

The accuser had alleged that her supervisor constantly subjected her to sexual harassment both during and after business hours, on and off the employer's premises; she alleged that he forced her to have sexual intercourse with him on numerous occasions, fondled her in front of other employees, followed her into the women's restroom and exposed himself to her, and even raped her on several occasions. She alleged that she submitted for fear of jeopardizing her employment. She testified, however, that this conduct had ceased almost a year before she first complained in any way, by filing a Title VII suit, her EEOC charge was filed later (see infra at n.34). The supervisor and the employer denied all of her allegations and claimed they were fabricated in response to a work dispute.

Jackie is a victim of illegal sexual harassment. As a base in the scenario many times Jackie was abused by the manager sexual harass. In the title, VII of civil rights Act of 1964 " sexual harassment is a form of sex discrimination." (Ferrel, O. Fraedrich, J & Ferrel, L pg 74. 2013) As part of the evidence, there are unwanted and unpleasant approaches from the manager where

The court should take a look at what the partners said like, “she was sometimes overly aggressive” (Nkomo, Fottler, McAfee, 7 edition, p. 57). The judge should rule in favor of Thelma Jones because she is being sexually discriminated. The employer did in fact discriminate unlawfully because you’re not allowed to tell a woman to be more “femininely” just to get a higher position.

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

In Redd v. New York State Division of Parole, the Court ruled that a female employee had a viable claim for hostile environment sexual harassment. The employee accused her supervisor of homosexual advances when she repeatedly touched the employees the breasts. Initially, her complaint was dismissed on the grounds that the touching was minor and incidental and had occurred because of the plaintiff’s sex. The appeal court reversed the decision holding that, “with respect to a hostile work environment claim, there must be pervasive acts that create an abusive working environment. The record showed that there were a number of incidents that could lead a reasonable jury to infer sexual harassment” (“Second Circuit”,

It was stated that it would only be seen as violation if the workplace becomes “hostile or abusive”.

This is a sexual harassment claim. The supervisor must follow the company’s policies. An investigation must be conducted and in the end it must be made clear the company’s standards for this type of behavior.

Sexual harassment is characterized as undesirable sexual methodologies, demand for sexual favors, and verbal or physical provocation in sexual composition. (US Equal Employment Opportunities Commission, 2015) There are two types of sexual harassment claims: quid pro quo and hostile work environment. Quid pro quo means “this for that”, is executed by somebody who is in a position of force or power over another. It includes communicated or inferred requests for sexual favors in return for some advantage or to maintain a strategic distance from some disservice in the work environment. (Society for Human Resource Management, 2015) Hostile work environment harassment happens when discourse or behavior is so serious and pervasive that it makes an intimidating or disparaging environment or circumstance that contrarily influences someone’s performance. This kind of badgering can be executed by anybody in the workplace, including an associate, director, subordinate, seller, client or builder. (Society for Human Resource Management, 2015) In this case, Marwan committed acts of both quid pro quo and hostile work environment harassment. Marwan has more seniority over his co-worker. Not only did he make undesired sexual advances towards her, but he also threatened to have her fired if she did not go on a date with him (Quid pro quo). Marwan also made inappropriate gestures to the female guests, and went as far as

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

In a time where allegations of sexual assault and sexual misconduct headline newspapers, become topics of discussion online, and it has become publicly encouraged that victims to speak out. It is important to realize that sexual harassment is not only prevalent in the entertainment industry and in government, but in every other workplace. What is often forgotten about this issue is that sexual harassment is a form of discrimination although different from sex discrimination, which involves treating someone differently or unfavorably because of their sex, gender identity, or sexual orientation. Sexual harassment is defined by U.S. Equal Employment Opportunity Commission (EEOC) as the unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. (Sexual Harassment - Equal Employment Opportunity Commission, n.d.)

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

This writer will be discussing a case where a male employee files a sexual harassment claim against the employer as the male employee identifies as being gay. He also is filing discrimination on the basis of his gender and alleges retaliation as he was terminated after he had complained about his female coworker. Apparently, the male employee alleged that a female employee while at a dinner and concert after work hours grabbed his privates. It is important to note that the male employee’s performance prior to the incident was declining and was counseled on several occasions by his employer about his declining production. Furthermore, this writer will be discussing whether if the facts could result in liability to the employer for sexual harassment or gender discrimination. Also, this writer will be integrating and referring to various sources and cases that

You were hired to waitress. You waitress." When Lockard returned to wait on the customers, one of the customers grabbed her by the hair and put his mouth on her breast. Lockard immediately informed her manager of the incident and quit.