Gender Discrimination and Sexual Harassment

Gender Discrimination and Sexual Harassment

Gender Discrimination & Sexual Harassment Chart

Gender Discrimination and Sexual Harassment Title VII Gender Discrimination in Employment Practices Sexual Harassment Based on Hostile Work Environment Quid-Pro-Quo Sexual Harassment Sexual Orientation in the Workplace
Requirements to Prove Under the Law In order to prove this the employee must have Direct and/or circumstantial evidence to back up the claim and has to be file 180 days after incident occurred (Bennett-Alexander & Hartman, 2015). The claimant has to prove that they have been must be exposed to an workplace environment that can be considered to be either aggressive, humiliating and/or threatening frequent and/or pervasive

Behavior is demeaning towards a protected class and in seen as

extreme or

Intentional (Bennett-Alexander & Hartman, 2015).

This action must occur within the workplace either by someone already employed or someone applying. You must be able to show proof that sex has been exchanged for favors for offered in exchange for benefits (raise or promotion) other employees are not entitle to (Bennett-Alexander & Hartman, 2015). Employee has to prove that they have been mistreated based on their sexual orientation.

They need to prove that only based on the fact of their sexual orientation, they have not been treated equally as others in the workplace

(Bennett-Alexander & Hartman, 2015).

Ways Employers can Minimize Liability Provide employee handbook and keep it updated as laws change as well as have the employees sign paperwork stating they understand. New hire training and yearly training on the types of discrimination. Developing comprehensive policies it will help to reduce liability. Ensuring that Human Resources carries out proper investigation in an efficient and confidential show commitment to resolving Discrimination or Harassment (Bennett-Alexander & Hartman, 2015). Make sure the appropriate postings are visible and accessible to all employees on harassment laws and how to file a complaint. The hand book should reveal what the zero tolerance policy and no retaliation is and employees should sign paper work stating they have taken the training and understand. By doing so the employee will have the handbook as a guide which spells out the necessary corrective actions when a complaint is filed. Also, an open door policy can help employees to feel comfortable coming forward, (Bennett-Alexander & Hartman, 2015). Noting the requirements of discrimination or harassment policy will allow personnel the opportunity to report improper conduct from any individual working for the organization. Management should have a clear understanding that they are not to initiate any sort of harassment of any type and get them to sign paperwork stating they understand. Mainly, due to the fact that sexual harassment generally occurs from a higher up. (Bennett-Alexander & Hartman, 2015). Equal Employment Opportunity policies available, visible and should be reviewed by the entire staff to ensure a clear meaning. Make sure the employee feels comfortable coming forward has no fear of retaliation. Also, the company may want to take the initiative to offer activities or programs

To provide support. Provide measures are in place to file a complaints with an explanation of how the complaint will be handled. (Bennett-Alexander & Hartman, 2015).

Recent Case Example EEOC v. Ruby Tuesday, Inc.

This case was filed by two males that were denied jobs at a popular resort. The posted job openings but stated the only wanted females to apply. This meant the males could not transfer to that restaurant.

The two males won a $100,000 lawsuit.

(U.S. Equal Employment Opportunity Commission, 2017)

Lockard vs. Pizza Hut

Lockard a female employee filed suit against Pizza Hut, Inc. under Title VII claiming that due to sexual harassment from other male employees and it led to a hostile work environment. Because she refused their advances.

She won and was awarded $200,000 (findlaw, 2017).

Corey Lashley v. New Life Business Institue, Inc. and Sheila Flynn

Corey Lashely claimed that

Out of fear of losing or other retaliation his job he had to carry on a sexual relationship with a member of management, Sheila Flynn. When he decided he didn’t want to do it anymore his job was threatened.

He sued and won $40,000.

(Phillips And Associates 2017).

Chavez v. Credit Nation Auto Sales, L.L.C.,

Chavez (a transgender) with excellent job appraisals was terminated for sleeping on the job according to the company she worked for. It was later discovered that a manager at the organization made the statement that Chavez being transgender made her nervous and if customer found out it may cause them to lose business. (U.S. Equal Employment Opportunity Commission 2017).

Types of Gender Discrimination

Any form of discrimination that is based on Gender is an infringement on an individual’s Civil Rights. Understanding that we are not all the same but for the common good of whatever organization we choose to work for it is important that we accept others differences. There are several ways in which the discrimination can take place the above charts list son and examples of how the claims can be proven. Many employees have used the Title VII framework to help protect themselves from bias revolving around gender and sexual orientation. Companies of today to ensure that they are treating current employees and new hires equally. Also, when dealing with terminations they must have justification that is not based on anything that would border on discriminatory. Otherwise, the organization is in violation of Title VII – Section, which stipulates that the failure to hire or to terminate an individual based on their race, sex, religion, or national orientation cannot be discriminated against in any form of wages, term, conditions, or privileges of employment (Bennett-Alexander & Hartman, 2015).

Title VII also protects employees from being in a workplace in which sexual harassment has created a hostile work environment. The workplace is considered to be hostile when the behavior of the individual(s) (coworker, boss) is perceived as severe or borderline pervasive and creates an abusive work environment for a reasonable person under similar circumstances (Bennett-Alexander & Hartman, 2015). This is inclusive of making inappropriate: statements, photos, touching, fondling, etc.

Quid Pro Quo is the demand for sexual satisfaction to be considered for employment, continuing work, or promotions. Quid Pro Quo discrimination usually occurs between upper management and those employed under them (Bennett-Alexander & Hartman, 2015). Discrimination that is based on sexual orientation (transgender, gay, lesbian, bisexual, etc.) is also illegal. If an organization intentionally decides not to promote, retain or employ base completely founded on sexual orientation the person being discriminated against can file a complaint or law suit if they can prove it (Bennett-Alexander & Hartman, 2015).

Minimizing Liability

Organizations should take all the necessary precautions to be compliant with federal and state labor laws in hopes of eliminating harassment and discrimination at the workplace. Providing the necessary trainings and posting in visible locations is on the beginning. It only takes one ignored employee complaint can cost the company millions and public embarrassment. Choosing to reveal your personal views does not always resemble professional and ethical behavior. There should be no policy or law any organization should decide to not enforce with regards to matters of discrimination. Developing a Zero Tolerance policy will help employees to curtail any unnecessary issues on the job (Bennett-Alexander & Hartman, 2015).

It’s important that employees are up to date with all changes in workplace laws and they sign statements saying they have been given the information and they understand it. There should be posting with information on how to what steps to take if you feel as if you have been discriminated against. Anti-discrimination policies have been implemented to help curtail any type of harassment. Human Resources may want to offer counseling to individuals to come to them and reveal that they have an issue working with people that are of LBGTQ community. It may save their job and prevent the employee from acting out.

All organizations should implement training forums to discuss with employees to adhere to proper workplace etiquette. Over the decades discrimination has decreased, it is a serious problem that the employer should not take lightly. No employee should feel as if they have to tolerate inappropriate behavior verbally or physically from their coworkers. It can lead to a hostile or potentially deadly situation that no company should want to face. Promoting a professional culture that is founded on respect and dedication to seeing the company and its employees flourish is essential to the survival of the company. The workplace is constantly evolving and people should understand that they have to accept change. Otherwise, it may be better for the employee to separate from the organization.

References

Bennett-Alexander, D. D., & Hartman, L. P. (2015). Employment law for business (8th ed.). New York, NY: McGraw-Hill Education.

Findlaw. (2017). Retrieved from http://caselaw.findlaw.com/us-10th-circuit/1054810.html

Phillips and Associates. (2017). Retrieved from https://www.newyorkemploymentattorney-blog.com/

U.S. Equal Employment Opportunity Commission. (2017). Retrieved from https://www.eeoc.gov/eeoc/newsroom/wysk/lgbt_examples_decisions.cfm

U.S. Equal Employment Opportunity Commission . (2017). Retrieved from http://Newsroom Press Releases


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