Legal Analysis Union Pacific Did Not Discriminate Against Complainant on the Basis of Gender The Complainant raises two issues: 1) that she was denied a promotion and 2) dismissed from her position. She alleges that each of these events occurred based on her gender or for filing a prior complainant. She believes others were treated more favorably then she.…
In Parkins, the victim did not report the sexual harassment to a person who had the ability to hire, fire, demote, promote, transfer, and discipline other employees. Parkins v. Id. at 1035. The victim however reported the harassment to an employee who had none of the listed authorities previously stated. Id. at 1035. Unlike the victim in Parkins, in the instant case, Swift did report the sexual harassment to a person who had the ability to hire and fire other employees.…
PLAINTIFF BURKE’S MEMORANDUM OF LAW IN OPPOSITION OF DEFENDANT’S MOTION TO DISMISS INTRODUCTION Plaintiff, Deborah Burke, is opposing Defendant’s Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Burke asks that the Court deny the motion because her Complaint satisfies the standard set by Rule 8(a)(2) and the two prong test. Ashcroft v. Iqbal, 556 U.S. 662-79(2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544-63 (2007). Further, the conduct was sufficiently severe or pervasive to constitute a sexually hostile work environment because it meets the objective and subjective tests by looking at all the circumstances and Burke exhausted her administrative remedies because the retaliation claim falls under an exception fro administrative requirements.…
In Latowski, the defendant claims that the plaintiff’s employment was terminated because she had a lifting restriction due to her pregnancy. The plaintiff disputes this proffered reason by claiming that discriminatory statements made against her show the actual motivation for her termination was in fact her pregnancy. This is very similar to the current case because even though the Defendant has stated that the travel accommodations were denied to the plaintiff because she lacked seniority, made her request after Johnathon Myers, and because no other Master Sculptor was available to complete the project, there were also discriminatory remarks made by Kathleen Bosko. These comments were made right after the Plaintiff requested accommodations and included Bosko reminding the Plaintiff that as a Master Sculptor at Bosko Arts Inc,, she holds a “plum position” in the art world and enjoys “steady employment and employment benefits.” Furthermore, in the case of Latowski, the remarks were made by individuals who were involved in or could influence the decision making of the adverse employment conduct, namely Judy Doyle and Rick Ackerman.…
Under Title VII, sexual harassment, like racial and ethnic harassment, is illegal since it constitutes discrimination with respect to a person’s conditions of employment (Bernadin, 2003). Moreover, in the Oncale v. Sundowners Offshore, Inc. (1998) decision, the Supreme Court made it extremely clear that Title VII’s prohibition on sexual harassment protects men as well as women (Robinson and Frink, 2002). Usually, sexual harassment happened to the victim is because of her or his sex. For example, a female employer could become the target of harassment from a heterosexual male supervisor because she is a female. If the employee is a male, he is not likely to be the heterosexual male supervisor’s target.…
1. You are Tim Lance. Please write an assessment of Maple Leaf Shoes' performance evaluation system. Ans. : - The strength of the present evaluation system is that it is easy to use and that 10 percent of the supervisors are trying, seriously trying, to make it work as intended.…
GenCare, LLC Diversity Policy GenCare, LLC shall follow the intent of all federal, state, and local employment law and is committed to promoting Equal Employment Opportunities (Ferrell, 2015). The Board of Directors and Executive Director of GenCare will not discriminate against any employee or applicant in a manner that violates the law. Each person is evaluated on the basis of personal skill and merit. GenCare’s policy regarding equal employment opportunity applies to all aspects of employment, including, but not limited to recruitment, hiring, promotions, benefits, wage and salary administration, disciplinary action, and termination (Robbins, 2014). GenCare, LLC will not tolerate any form of unlawful discrimination.…
Even though romantic interactions in the office are becoming more and more common, employers have sincere reasons for apprehension about workers dating. The main fear is a sexual harassment lawsuit resulting from either: 1) a superior who has a pattern of soliciting juniors out on dates; 2) a worker who files a complaint after a consensual relationship goes south; or 3) the view of co-workers that a manager is playing favorites with his or her "significant other." Sexual harassment laws forbid "unwelcome" sexual advances. Therefore, the partakers in a really "consensual" relationship cannot support sexual harassment. The struggle for the employer is proving that the relationship was consensual.…
Costle. The plaintiff rebuffed her director?s repeated sexual overtures. She ignored his advice that sexual intimacy was the path she should take to improve her career opportunities. Her job was abolished. This is a perfect example of ?…
Considered the most influential Autism speaker and humane animal treatment activist in the world, Dr. Temple Grandin has changed the face of slaughter house designs and functions immensely throughout the United States.…
Sexual harassment has always been, and still is, an extremely controversial topic. Some people tend to think that sexual harassment cases are all stemmed from lies made up by victims to gain attention or sympathy. Others, however, see sexual harassment as a serious crime that has been locked away in a vault and ignored by society. Whichever side one takes, the fact that sexual harassment and sexual discrimination laws play an important part in many aspects of society still stands. From the beginning of time, humans have struggled in deciding what rights certain groups should or should not have, and, slowly, everyone started to be set upon the same plane.…
Introduction The topic that I have chosen to do my research paper on is about sexual harassment in the workplace. Sexual harassment is defined as harassment in a workplace, or other professional or social situation, involving the making of unwanted sexual advances or obscene remarks. I have chosen this topic because I have witnessed sexual harassment at work before and I wanted to learn about prevention methods and what was being done to stop these incidents from occurring. Also, I wanted to learn more about what I can do to stop sexual harassment from occurring in the workplace and how bad this issue really is.…
As an employee or an employer, discrimination in the workplace is a difficult issue to deal with, it can be complicated and misunderstood. The legal and ethical issues involved can be arduous, and extensive but is imperative to the work force. For many years I worked as a the only female in a construction supply company, but it was only recently did I personally experience the ethical and legal issue of discrimination. For 13 years I worked for a small privately owned construction supply company, in July of 2012 the owner of the company decided to retire and sell the company to a large corporation based out of North Carolina.…
Introduction An ethical dilemma in the workplace is sexual harassment and can be a sensitive issue for all parties involved. Additionally, a hostile work environment is one which is “permeated with discriminatory intimidation, ridicule, and insult” (Kimble, 2016, pg. 319, 320). This paper will focus on the issues of these two dilemmas. Ethical Dilemma – Sexual Harassment and Hostile Work Environment…
Sexual harassment in the workplace is a hazard encountered in the working place across the world. It reduces the quality of working life, jeopardizes the well-being of both working men and women, and imposes costs on firms and organizations. The issue pertaining to sexual harassment in the workplace has been addressed by several international groups like the United Nations (UN), the International Labour Organization (ILO), the European Union (EU), the Caribbean community (CARICOM), and the organization of American States (OAS) as a human right violation, a form of violence, and discrimination. Since sexual harassment in the workplace pollutes the working environment and can have a devastating effect upon the health, confidence, morale and performance…