Employment Law and Discrimination Paper Robert Truitt
April 11, 2016
Employee Law and Discrimination Paper
Discrimination happens in the workplace daily. All employees must report discrimination issues ASAP. This essay will analysis a scenario with an application of the elements of this cause of action and then move to the available defenses to the employee and employer while analyzing the potential civil liability of each possible party-defendant.
Analyze each of the elements of this cause of action, the applicable defenses, and the basis for the Judge's ruling.
As a result, the sufficiency of articulating a cause of action become crucial, especially when claims involving torts of
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Analyze the potential civil liability of both the employee and the employer. "The civil liability law is built from scarce legal principles; to a large degree, it is a judicial law; it is the judges who, by carrying out a permanent work of interpretative recreation, of carefully looking at a changing social reality, with its correlative alteration of outlooks, have completed the legal demand with a complex of rules, resulting from the necessity of solving the multiform battles using criteria which do not only flow from statutory provisions tremendously modified" (de,2011). Thus, employers will be well warned to take seriously their obligations to prevent sexual harassment as well as all other forms of employment discrimination in their workplaces (“The Civil Right Act”1991). In this case, the employer is not liable because the harassment was not reported to upper management. The employer becomes liable when the harassment is reported, and nothing is done about the harassment. A good company would typically put a corrective action in place when sexual harassment is reported on the job. For example, if an employee reports a sexual harassment to a manager the manager should report it to the HR department immediately. The employee is liable in the case because he should have reported the harassment immediately. The employee in the scenario was