... SEXUAL HARASSMENT In the case of Jonathan Silverstein, plaintiff vs. Meredith Shaw, defendant. The plaintiff claims that the defendant caused him to miss out on a promotion because she put a sexy screen saver on his computer and when his boss saw it he lost a promotion. The key elements of this case were whether the sexual behavior that the plaintiff had towards the defendant was unwelcomed. This element of the case is subjective as we cannot ascertain the real intentions of the doer and the reaction of the recipient towards what he had been experiencing. The fact that the defendant claims that this was something that had been going on for sometimes begs the question why the plaintiff had not reported this case to the relevant authorities. The second element of this case is the question “does the plaintiff reaction meet the reasonable person standard?” The plaintiff reaction is not that of a reasonable person because he should have anticipated what the consequences of the harassment he was experiencing, and put a stop to it at an earlier time rather than start blaming his peers when the damage is already done. The other element is whether a hostile environment has been created. A hostile working environment has been created for the plaintiff in his workplace because he chose to file a case against a lady and yet he had also been experiencing sexual harassment jokes from his male counterparts in the workplace. The other element of this case is whether there was employer...
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...Fundamentals of Human Resource Management Student’s Name Institution Fundamentals of Human Resource Management True and False: Please mark either T or F in the appropriate space before the question (7 * .25 each = 1.75 points) 1. __T__ Today’s managers have found that employees do not set aside their cultural values and lifestyle preferences when they come to work. The challenge is to make organizations more accommodating to diverse groups of people by addressing different lifestyles, family needs, and work styles. 2. __T__ Work Process Engineering is referred to at times as work process reengineering because it goes beyond incremental change and requires an organization to face the possibility that what the organization may need is radical or quantum change. 3. __F__ Drug testing in today’s organization is conducted not to eliminate illegal substance at the point of hire, but only to catch those using it in the workplace. 4. __F__ Type A behavior is characterized by a procrastinated sense of time urgency, excessively competitive drive, and difficulty accepting and enjoying leisure time. 5. __F__ the purpose of job analysis is ONLY concerned with the amount of money that is paid to the employee for following their job description. 6.__T_ some stress in organizations is absolutely necessary; without it, workers lack energy. 7._T__ Employee assistance programs (EAPS) are specific programs designed to help employees with personal problems. ...
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...losing their jobs. The prevention of harassment, specifically sexual harassment, is the main goal of all supervisors. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcomed sexual advancements, requests for sexual favors, and verbal and physical conducts where refusal of the previously mentioned behaviors would affect one’s employment, one’s job performance, or creates an uncomfortable or hostile environment in which the employee cannot function to their full potential (Cascio, p. 97). Simply put, it means that employers cannot allow unwelcomed behaviors. An organizations failure to prevent or address sexual harassment will lead them to being fined by the EEOC. Those fines can place a huge dent in the bank account of the organization that can lead to its financial collapse and the employees losing their jobs. If the organization is still operating after paying the fine, their public image can be tarnished leading to the decrease in employee applications (as they would think the organization fosters hostile work environments) and...
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...Meritor Sav. Bank v. Vinson, 477 US 57 (1986) Facts: After being terminated a female bank employee filed an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. §2000e et seq., claiming that she had been sexually harassed by her male supervisor. The US Supreme Court ruled that if the actions of the supervisor were unwelcome, than the respondent had a claim for sexual harassment on the basis of a hostile work environment, even if the sexual acts were voluntary. Issues: (1) Whether a corporate employer is automatically liable under Title VII if they have no prior knowledge of the alleged discrimination. (2) Whether a hostile work environment based on sexual harassment can be established …. Holding: In a 9/0 decision, the United States Supreme Court declared that A claim of "hostile environment" sexual harassment is a form of sex discrimination that is actionable under Title VII. Pp. 477 U. S. 63-69. Rationale: (a) The language of Title VII is not limited to "economic" or "tangible" discrimination. Equal Employment Opportunity Commission Guidelines fully support the view that sexual harassment leading to non-economic injury can violate Title VII. Here, respondent's allegations were sufficient to state a claim for "hostile environment" sexual harassment. Pp. 477 U. S. 63-67. (b) The District Court's findings were insufficient to dispose of respondent's "hostile environment" claim. The District Court apparently erroneously believed that a sexual harassment...
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...between co-workers, the prevailing legal issue is sexual harassment if and when the relationship should cease and one of the parties continues to pursue it against the other’s wishes. The conduct exhibited in pursuit of the relationship then becomes unwelcome. Let’s take a quick look at these individual scenarios. Consent is not a synonym for welcome. When ask whether the subordinate in a relationship with a supervisor is a consenting party, what is really meant and should be ask is whether the supervisor’s advances were welcomed and whether the subordinate’s continued consent was voluntary. A woman1 may consent to a sexual relationship, but not welcome it. In Meritor Savings Bank, the plaintiff had a sexual relationship with her supervisor for a number of years. The supervisor was a vice-president of the bank. The plaintiff was initially employed as a teller and was gradually promoted to branch manager over a...
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...Meritor Savings v. Vinson of 1986 was a pivotal moment in sexual harassment history in the workplace. In this case the Supreme Court made it official that they supported the guidelines the commission set in place for sexual harassment in the workplace. In this particular case Vinson proved that the vice president of the company caused a hostile work environment. The courts use the definition of hostile work environment written by the commission guidelines as the burden of proof. (MERITOR SAVINGS BANK v. VINSON, 477 U.S. 57 (1986)). The burden of proof that Vinson proved was that “the (1) unwelcome behavior (2) was because of the Vinson gender, (3) the unwelcome behavior created a hostile work environment, and (4) the employer is liable according to appropriate agency laws.” (Current Issues on Sexual Harassment) In more recent cases like Ani Chopourian v Mercy General Hospital 2012, she was awarded 168 million dollars the largest compensation given to one individual in a sexual harassment case. Asheley v Aarons Inc. 2011, Asheley was awarded $95 million because she was harassed by the store manager. Female Employees v Mitsubishi Motors 1998, the female employees was awarded to $34 million because Mitsubishi was allowing them to work in a hostile work environment. The list of sexual...
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...BAM 411 Human Resource Management Unit 1 Examination Follow Below Link to Download Tutorial https://homeworklance.com/downloads/bam-411-human-resource-management-unit-1-examination/ For More Information Visit Our Website ( https://homeworklance.com/ ) Email us At: Support@homeworklance.com or lancehomework@gmail.com 1. ________ plan training activities. • Managers • Training specialists • Corporate teachers • Job analysts 2. ________ organize the training opportunities for a company. • EEO representatives • Trainings specialists • Change managers • Communication directors 3. The ________ HR group may provide specialized support for organizational change. • centers of expertise • embedded • corporate • transactional 4. The proportion of younger workers in the workforce is projected to ________. • stop growing • decrease • decrease at a faster rate • increase at a slower rate 5. Over the next few years, employers may face a severe labor shortage because ________. • people are living longer • there are fewer people entering the job market than there are retiring baby boomers • one-third of single mothers are not in the labor force • All of the above. 6. What tactic will employers likely have to take to fill openings left by retiring employees? • hiring more women • instituting flexible work hours • rehiring retirees • lowering the retirement age 7. Strategic human resource management refers to ________. • planning the...
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...BAM 411 Human Resource Management Unit 1 Examination Follow Below Link to Download Tutorial https://homeworklance.com/downloads/bam-411-human-resource-management-unit-1-examination/ For More Information Visit Our Website ( https://homeworklance.com/ ) Email us At: Support@homeworklance.com or lancehomework@gmail.com 1. ________ plan training activities. • Managers • Training specialists • Corporate teachers • Job analysts 2. ________ organize the training opportunities for a company. • EEO representatives • Trainings specialists • Change managers • Communication directors 3. The ________ HR group may provide specialized support for organizational change. • centers of expertise • embedded • corporate • transactional 4. The proportion of younger workers in the workforce is projected to ________. • stop growing • decrease • decrease at a faster rate • increase at a slower rate 5. Over the next few years, employers may face a severe labor shortage because ________. • people are living longer • there are fewer people entering the job market than there are retiring baby boomers • one-third of single mothers are not in the labor force • All of the above. 6. What tactic will employers likely have to take to fill openings left by retiring employees? • hiring more women • instituting flexible work hours • rehiring retirees • lowering the retirement age 7. Strategic human resource management refers to ________. • planning the...
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...Let’s play Jeopardy. The answer is $11.6 million dollars. Do you know the question it answers? It is the amount of money a federal jury recently awarded Anucha Browne, a former executive of the New York Knicks in punitive and compensatory damages for being a victim of sexual harassment in the workplace. Granted, the NY Knicks possess the financial resources to recover from such a large jury award. However, some companies would be crippled by this dollar amount. These types of monetary awards come directly from the ‘bottom line’ of a company’s income statement. To put it into perspective, one must think how much revenue a company would need to generate in order to net (“bottom line”) the millions of dollars paid to the winning plaintiff. Needless to say, this subject is a serious matter to employers. Aside from the legal and ethical concerns, there are major financial implications associated with this matter. The example cited in this paragraph is only a single party action. Class action suits could trigger even greater financial payouts! Also, according to recent statistics directly from the Equal Opportunity Commission (EEOC), the EEOC received 12,510 charges of sexual harassment and recovered $49.9 million in monetary benefits in 2007 alone (excluding monetary benefits obtained through litigation). Given the potential for financial devastation, it is imperative that an employer take proactive measures to prevent and/or stop sexual harassment from occurring in...
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...sexual harassment in the workplace. II. Unwelcomed sexual harassment in the workplace can be physical, verbal, or visual, and violates Title VII. a. Quid pro quo and a hostile work environment are types of sexual harassment. i. Quid pro quo refers to an exchange of sexual favors for a job benefit or an employment decision that’s based on an employee accepting, tolerating, or participating in an unwelcomed conduct of a sexual nature (“Sexual harassment on,” n.d.). ii. A hostile work environment occurs when unwelcomed sexual conduct unreasonably interferes with an employee’s job performance or a hostile, intimidating, or offensive work environment is created (“Sexual harassment on,” n.d.). b. In 1986, the landmark case of Meritor Savings Bank v. Vinson dramatically altered the way companies view romantic supervisor/subordinate relationships. i. The U.S. Supreme Court ruled, just because a subordinate has sex with a supervisor, it does “…not detract from the coercive nature of the relationship” (Dresang, 2009, p. 244). ii. Title VII prohibits sexual harassment because it is a form of illegal sexual discrimination (“Facts about sexual,”...
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...Consensual Relationship Agreements By: Vickie Gonzalez Bus 520 – Leadership and Organizational Behavior Professor: Dr. Marilyn Carroll October 24th, 2012 Workplace romances are now one of the challenges that organizations of all sizes have to address. How they address them varies from organization to organization. Some businesses and organizations strictly prohibit them in any form or fashion, while others prohibit them when the participants are in certain roles within the organization. Some companies have chosen not to address the issue at all and others are using a more formal method of documenting and mitigating the risk they feel these relationships pose. One of the methods of documenting, and potentially mitigating, this risk is known as a consensual relationship agreement or CRA. In the text that follows I will argue for the use of CRA’s in the workplace. Secondly, I will present a counter argument for the use of CRA’s. Then we will then look at the ethical principles involved in the use of CRA’s. Lastly I will present another option that may be available for addresses these consensual relationships. First, let’s look at what brought about the need for CRA’s. On June 28th, 1914 Gavrilo Princip, of Sarajevo, assassinated the Archduke and heir to the throne of Austria, Franz Ferdinand (Collins, 2008, p. 9). Thirty-seven days later World War I began, and with it, so did what some see as the beginnings of women entering the workplace. The Munitions of War Act...
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...CHAPTER 27 EMPLOYMENT DISCRIMINATION Only in recent decades have federal and state judicial decisions, administrative agency actions, and legislation restricted the ability of employers, as well as unions, to discriminate against workers on the basis of race, color, religion, national origin, gender, age, or handicap. This chapter concludes the discussion of the law relating to the employer-employee relationship by focusing on employment discrimination and related areas. The approach examines two spheres of this topic. First, the statutory framework for a number of federal laws is examined. Not surprisingly, the first statute addressed is Title VII of the 1964 Civil Rights Act. This statue covers discrimination based on race, color, national origin, sex, and religion. Following the presentation of Title VII, the chapter discusses the Age Discrimination in Employment Act and the Americans with Disabilities Act. A discussion of the legal aspects of harassment concludes the chapter. A class of persons defined by one or more of these criteria is known as a protected class. Several federal statutes prohibit employment discrimination against members of protected classes. The most important is Title VII of the Civil Rights Act of 1964 and its amendments. Title VII prohibits employment discrimination on the basis of race, color, religion, national origin, or gender. Discrimination on the basis of age and disability are prohibited by the Age Discrimination in Employment Act of 1967...
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...company did nothing to correct the problem. Workplace Advances Sexual Harassment in the Workplace Introduction The subject of this paper is sexual harassment in the workplace. It is focused toward employers and employees to discuss sexual harassment; what sexual harassment is, who does the harassing and how to stop sexual harassment in the workplace. Background A relatively new term but is not a new problem, sexual harassment has been around for a long time and has different forms (Cabrera & Cavanaugh, 2013). The term was first introduced in the mid 1970s by feminist activists and lawyers (Cabrera & Cavanaugh, 2013). Over the years the term has become more widely used and defined in cases such as Meritor Savings Bank v. Vinson, Anita Hill v. Clarence Thomas and Burlington v. Ellerth (Cabrera, & Cavanaugh,...
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...1. Teddy's Supplies' CEO has asked you to advise him on the facts of the case, and your opinion of their potential liability. He wants to settle the case. Write a memo to him which states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws which apply and any precedential cases either for or against Teddy's case which impact liability. Include in the memo your suggested "offer of settlement" to Virginia. Back up your offer using your analysis of the case against Teddy's Dear Mr. Moore, After an independent study and review of this case, it is my judgment that Teddy's Supplies is indeed liable for workplace and sexual harassment against Virginia Pollard. A careful review of the case also indicates that the plaintiff, Ms. Pollard, was placed in a "hostile" environment under the supervision of Steve King. While it is not illegal for one woman to work among a group of men, careful judgment should be used by the employer in determining if the work environment is suitable for males and females. As a general rule, it is not good practice to have one female working with all male colleagues. First of all, I will define these three types of sexual harassment as stated by: http://www.strategichr.com/shrsweb2/harassment_01.shtml a) “Workplace harassment is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected...
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...Chapter 2: Equal Opportunity and the Law Multiple Choice 1. The _____ Amendment to the U.S. Constitution states, “no person shall be deprived of life, liberty, or property, without due process of the law.” a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (b; moderate; p. 30) 2. The _____ Amendment outlawed slavery, and courts have held that it bars racial discrimination. a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (d; moderate; p. 30) 3. In what year was the 13th Amendment to the U.S. Constitution ratified? a. 1776 b. 1791 c. 1808 d. 1865 e. 1868 (d; difficult; p. 30) 4. The _____ Amendment makes it illegal for any state to “make or enforce any law which shall abridge the privileges and immunities of citizens of the United States.” a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (e; moderate; p. 30) 5. Which amendment is generally viewed as barring discrimination based on sex, national origin, or race? a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (e; moderate; p. 30) 6. The _____ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. a. Fifth Amendment b. Civil Rights Act of 1866 c. Title VII of the 1964 Civil...
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