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Legal Encounter

In: Business and Management

Submitted By neuby61
Words 428
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Legal Encounter 2

Sam's conduct is an example of a sexual harassment which raises the possibility of quid pro quo suit, where an employee is required to submit to sexual advances in order to remain employed, or secure a promotion or a raise. His conduct has made NewCorp also liable for an atmosphere- of-harassment case, in which the invitations, language, pictures, or suggestions become so pervasive that they create a hostile work environment (Jennings, 2006). In 1986 the Supreme Court ruled that sexual harassment was actionable under Title VII of the Civil Rights Act of 1964. The Supreme Court in Harris v. Forklift Systems, Inc., in 1993 made it easier for plaintiffs suing for sexual harassment by ruling that they were not required to prove that any abusive conduct actually caused an injury or affected the person's psychological well-being. Attorneys for such plaintiffs now only have to prove that a "reasonable person" would have found the conduct to be offensive to win their case (Sack, 1998). Thus Sam's behavior which created a hostile working environment for Paula put NewCorp at risk of sexual harassment lawsuit from Paula.

Sam's later action of blocking Paula's transfer, if deemed that he took it as an agent of NewCorp and especially in a supervisory role, made NewCorp further liable for violating the Pregnancy Discrimination Act (PDA). The PDA is a statute passed in 1978 that amended Title VII, the central federal anti-discrimination statute. Later in 1991 in the case of International Union v. Johnson Controls the Supreme Court ruled that employers cannot ban women from certain hazardous jobs based on the premise that women are fertile and might get pregnant, and the job may cause birth defects in the fetuses those female workers may be carrying. The court held that such a ban would be a violation of the PDA (Grossman, 2003). The law has left the choice

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