Write a law paper on the topic of sexual harrassment. This paper is to be writte

Question

Write a law paper on the topic of sexual harrassment. This paper is to be written from the viewpoint of an HR professional. In other words, you are the HR manager dealing with an issue relating to your chosen law. The law is selected from Title VII.

Your paper should include the following:

Definition and explanation of the law

A hypothetical case of misconduct or policy violations in the workplace regarding this law

Determine who is impacted (just the perpetrator, other employees, the organization)

Explain the risks to the company

Recommend the proper course of action/remedy for the employee

Recommend any actions to be taken by the organization to minimize the risk, stop future violations and/or avoid litigation.

The thrust of the research is for each student to become familiar with one particular law and how this law impacts the workplace.

Note: Please write detail answer of minimum 5 pages in MS word (Double-spaced)

Explanation / Answer

Sexual harassment refers to any action verbal or physical which may be considered as unacceptable behavior of a sexual nature being derogatory, as well as threatening, to the person intended for. The extensive prevalence of sexual discrimination at the workplace, as well as its uncontrolled growth due to lack of a strong legal framework acting as a deterrent, led to the enactment of the sexual harassment amendment, for protection from unwelcome sexual advances in the workplace deeply impacting the fundamental right of women to be able to work freely and attain growth and advancement in their careers. The issue of sexual harassment especially of women, was brought to light by various literary works such as Sexual Harassment of Working Women by Catherine MacKinnon, Saturn's Rings by Mary Rowe and In our time: Memory of a Revolution by Susan Brownmiller, to name a few. At the same time a series of sexual harassment cases the focus of society upon this important issue.

The sexual harassment liability under Title VII of the Civil rights act of 1964, prohibits discrimination on the basis of compenzation, terms of employment, privileges of employment hiring and firing, work conditions awarded, on the basis of religion, sex, race, colour or national origin. Sexual harassment is included in the discrimination on the basis of sex and is also applicable for employees of the same sex being harassed. The various forms of sexual harassment which may exist listed under the act as Quid Pro quo sexual harassment and hostile work environment sexual harassment. Quid Pro quo essentially refers to a form of harassment where certain rewards due to an employee are withheld, with intention that they will only be released upon granting of certain favours. Also certain perks and benefits, may be offered on the job, in exchange for sexual favours. For taking legal action and hostile work environment it is essential for an employee to prove that they were subjected to unwelcome advances, these advances of a sexual nature, they were Syria and resulted in the employee feeling abused and the terms and conditions as well as working environment of the employment were greatly impacted and but the employer was aware of the harassment but did not initiate any action. An employer is liable for harassment by supervisory personnel only if they are aware of the harassment and has refused to initiate any action against the perpetrator. The affirmative defense option is available to an employer if the employer can prove that a policy enabling protection against sexual harassment, through an available procedure for complain and subsequent action, is implemented within the organization but not availed of by the victim. This defense is however not available to an employer if the harassment results in the employee being demoted or their services terminated. In their article on the website isacs.org, James W Albert and Bridget A Neuson, also state that an employer can be held liable for sexual harassment of his employees by non employees in cases where the employer should have been aware of the harassment and taken immediate action to remedy the same. The damages that can be claimed apart from all simultaneous fees and costs incurred, are calculated on the basis of the size of the organization, and may range from $50,000 to $300,000.

The law though offering justice to an individual facing sexual harassment at the workplace fails to be able to tackle this all pervasive problem effectively. Social issues such as this have the foundation in deep-rooted mindset and social norms which have been in practice and prevalent for centuries. Therefore, it is very difficult for a simple legal enactment to provide a solution to a problem as common place as sexual harassment, as well as, discrimination. Many of the cases of sexual harassment largely and reported due to the inability of the victim to prove charges as well as a constant fear of backlash, as well as social stigma, which may make it difficult for the victim to find another job, thereby, effectively ruining their careers. Also, the law cannot become excessively strict and stringent by according action for even minor flirtatious remarks as the law made in be extensively misused by many individuals.

In the Anita Purnia versus Catholic Healthcare West case of 2012 the federal jury awarded Anita Purnia a $168 million settlement which is known to be one of the largest recorded for a single victim of workplace harassment in history. The former assistant to physicians at Mercy General Hospital in Sacramento, filed in her complaint, that no action was forthcoming from management in spite of multiple complaints during a two year tenure. The complaint was regarding the behavior of the way a surgeon treated her every morning by slapping her bottom and saying "I'm horny". After hearing arguments from both sides the judge subsequently decrease the total amount to $82,230,484, which was however vacated later due to an out of court settlement be reached by both the parties.

Given the seriousness of the offence I would draw out a list of rules and consequent action, approved by management, to be circulated among all existing employees and implement it as part of the agreement between the company and employees through compliance.

I       COMPLIANCE PROGRAM :

1. Code of Conduct. The following principles shall be applicable to every employee and strictly adhered to. Any situation not covered by these guidelines may be analyzed by application of same general principles. Each covered individual is expected to abide by the following general principles:

Responding to Detected Offenses and Developing Corrective Action Initiatives.

Related Questions

Navigate

• Browse (All)
• Browse W
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.