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Critical Incident 5.3

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Submitted By abrown36
Words 699
Pages 3
OPMT 102-1HE
5-3 Critical Incident pg. 537

1. Who are classified as protected-group employees? Does Paul Davis qualify as a member of this group? Why or Why not?
Protected group employees:
· Racial/Ethnic origin
· Gender (women)
· Physical or mental disability
· Age (over 40)
· Religion · Military Service
I believe that Paul would qualify under the disabilities because of his psoriasis; however he should have informed management of his condition and shown documented proof of his condition in order to qualify so that accommodations could have been properly made.

2. Why is it dangerous for a supervisor/manager to socialize with direct-repot employees?
RETALIATION; if one of the individual’s stills has feelings for the other and that person rejects their advances, as in the relationship between Davis and Jones, false allegations and less recognition of duties can construe.

3. When do crude or vulgar behavior and language become sexual harassment?
According to the EOCC, only unwelcome sexual conduct that is a term or condition of employment constitutes a violation. The EEOC's Guidelines define two types of sexual harassment: "quid pro quo" and "hostile environment." The Guidelines provide that "unwelcome" sexual conduct constitutes sexual harassment when "submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, "Quid pro quo harassment" occurs when "submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, Although "quid pro quo" and "hostile environment" harassment are theoretically distinct claims, the line between the two is not always clear and the two forms of harassment often occur together. For example, as in the case with Davis and Jones; tangible job conditions are affected when a sexually hostile work environment results in Davis’ constructive discharge. Similarly, a supervisor (Jones) who makes sexual advances toward a subordinate employee (Davis) may communicate an implicit threat to adversely affect Davis’ job status if he does not comply. "Hostile environment" harassment may acquire characteristics of "quid pro quo" harassment if the offending supervisor (Jones) abuses her authority over employment decisions to force the victim (Davis) to endure or participate in the sexual conduct. Sexual harassment may culminate in a retaliatory discharge if a victim tells the harasser or her employer he/she will no longer submit to the harassment, and is then fired in retaliation for this protest; Such as in the case with Davis and Jones. Under these circumstances it would be appropriate to conclude that both harassment and retaliation in violation of section 704(a) of Title VII have occurred.

4. Davis thought that Mark Evans responses to his inquiries, complaints, and suggestions were inadequate. Do you agree with Davis’s contention? If so, how should have his issues been handled? If you disagree, provide an explanation?
I don’t think they were inadequate per say, there were options given to Davis; however Evans should have allowed Davis to change in the basement and just hung a curtain up.

5. Discuss Mark Evan’s first firing of Davis after being away (leaving Black Beards) without permission during his assigned shift.
Mark Evan’s was simply following Black Beard’s Policies and Procedures. Davis violated when he failed to inform management he was leaving showing his carelessness inattention to his duties.

6. If you were general manager, Mark Evans, what would you do when you received the documents notifying you that Paul Davis was alleging employment discrimination due to his sex and disability in violation of title VII and the ADA?
Evans tried to accommodate Davis; however, there should have been more communication between the two before drastic majors were taken. Davis should have allowed Evans his week to think about it, and then file. Davis chose to not allow Evans the time and decided to retaliate by doing what he felt he had the right to do, regardless of whether it offended anyone or not.
According to the EOCC, Evans should have made reasonable and sanitary/safe accommodations for Davis.

7. How can you use this incident as a learning opportunity?
It is bad business to date or get involved in a sexual relationship with any of your coworkers, supervisors, or subordinates.

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