Ethics Hw Week 6

ETHICS HW WEEK 6 - 1. Question Teddys Supplies chief executive officer has asked you to advise him on the details of the drive, and your opinion of their potential liability. Write a memo to him which states your view of whether the company is exposed to liability on all issues you get are in play. accommodate in your memo any practice of laws which impose and any precedential flakes either for or against Teddys face which impact liability. include your opinion of the worst strip of damages the company may occupy to pay to Virginia. Your Answer Memo to CEO Your company is in fact in liability for negligence in protecting the best spare-time activity of your employee, crop. Even though she participated in many of the knowledgeable badgering blots your speeding vigilance did anything to stop or report any of the activities they were aware of. The sight put n charge shited the company and Ms Pollard by non being responsible and assuming just as much responsibil ity as she had in the situation. Per the EEO guidelines An employer is always responsible for anguish by a supervisory program that culminated in a tangible utilization action.If the agony did non lead to a tangible employment action, the employer is liable unless it proves that 1) it exercised sensitive get by to prevent and promptly lay any harassment and 2) the employee unreasonably failed to complain to management or to avoid harm oppositewise An some unitary qualifies as an employees supervisor if the individual has the authority to recommend tangible employment terminations affecting the employee or if the individual has the authority to direct the employees daily pull in activities.A tangible employment action heart a monumental change in employment status. Examples include hiring, firing, promotion, demotion, undesirable reassignment, a decision causing a signifi stoolt change in benefits, compensation decisions, and live on assignment Employers should establi sh, distribute to all employees, and enforce a constitution prohibiting harassment and setting out a procedure for making explosive charges. In al some cases, the polity and procedure should be in writing. Small businesses may be able to discharge their responsibility to prevent and correct harassment by dint of less formal means.For example, if a business is sufficiently small that the possessor maintains regular contact with all employees, the owner can tell the employees at staff meetings that harassment is prohibited, that employees should report such conduct promptly, and that a complaint can be brought straight to the top. If the business conducts a prompt, thorough, and impartial probe of any complaint that arises and undertakes swift and appropriate corrective action, it will relieve adeptself fulfilled its responsibility to effectively prevent and correct harassment http//www. eoc. gov/policy/docs/harassment-facts. html By violating al of the above content we woul d recommend that Virginia be awarded damages for back pay, a psychological evaluation, a percentage of stocks/shares in the company for future earnings and action disciplinary to be taken against all parties involved Points authoritative 25 of 30 Comments How did the management fail her? 2. Question The NJ Human Rights missionary post found that Pollard was the dupe of Sexual Harassment and disparate discussion. Please answer these questions a.Provide the most real definition of internal harassment, including a definition of quid pro quo and bitter environment versed harassment. Name an appellatecourt case where an employer was found liable for either quid pro quo or hostile environment informal harassment. Describe the facts of the case, and the decision the court came to in the case. Include the reference guide to the case and a link to it online. Would the case apply to Pollards case? Why or why not? Would you want to use this case in Teddys favor or Pollards fa vor? (10 points)b. explain which form of versed harassment that you suspect NJ Human Rights commission found Virginia had been a victim of and why you incur that is the case. Provide law or a case to aliveness your place. If you feel Pollard was not a victim of harassment in this case, explain why you feel that way, and adduce law or a case to support your position(10 points)c. relieve what defenses to intimate harassment Teddys had in this case (Include the name and citation ofat least twofederal or state sexual harassment case(s) which provide precedential support to your defense statement. (10 points. )d. What is disparate treatment and why do you think the Human Rights commission found it had occurred? Do you agree with this decision? (10 points. ) Your Answer A. The legal definition of sexual harrassment is a form of sex discrimination. The legal definition of sexual harassment is unwished verbal, visual, or physical conduct of a sexual nature that is frightful or per vasive and affects working conditions or creates a hostile work environment. Quid pro quo, a Latin term meaning this for that, occurs when your imprint offers you benefits, or threatens to change your working conditions, based on your response to his demands for sexual favors. Ill give you a raise if you go out with me. or Ill burst you if you dont cod sex with me are examples of quid pro quo harassment. Hostile environment harassment occurs when physical, verbal, or visual sexual harassment is severe or pervasive enough to create a hostile or black work environment.This type of harassment does not require a disadvantage or threat of loss of your job, or the promise of benefits. Comments about your body, sexual remarks, pornographic pictures displayed at the workplace, and touching and grabbing may all create a hostile work environment. In addition, the conduct essential be unwished to you. If you like, want, or welcome the conduct, then you are not being sexually harassed. A nd if the conduct does not relate to your sex or wee sexual references, its not sexual harassment. 1998 the Supreme Court decided in Ellerth v. Burlington Industries, zero(prenominal) 7-569 and Faragher v. City of Boca Raton, No. 97-282 that companies may be held vicariously liable if supervisors sexually harass workers even if the employees do not report the harassment and suffered no tangible loss. By making employers liable for supervisors sexual harassment encourages an employer, as no other regime does, to exercise the greatest possible care in screening prospective managers and in training, supervising and monitoring supervisory personnel. It gives employers an incentive to put effective policies and training programs in place.In fact, 54% of Fortune 500 employers admitted in one survey that fears of legal moving-picture show prompted them to establish company policies against harassment. And experience has shown these policies and programs work. Companies that have impleme nted sexual harassment training programs have reported reduced numbers of claims that develop into lawsuits. http//www. hr-guide. com/ data/A07202. htm yes this case would apply to pollards case because in this case too the sexual harassment was not being reported. The companies were too held liable for what was going on with their employers. B.I think they used the basic form of sexual haraasment in th eworkplcae because the boss did not threaten her with sexual advances but condonednthe mistreatment the other male employees had put on her. Even though she did not flop report the abuse I do feel that she was a victim because she encountered several incidents where her right swere violated. C. On June 26th, the U. S. Supreme Court decided the hobby two cases Burlington Industries v. Ellerth FactsThe employee, Kimberly Ellerth, worked for Burlington Industries from March 1993-May 1994, as a salesperson in one of Burlingtons divisions in Chicago, Ill.During her employment, she claim s she was subjected to constant sexual harassment by her supervisor, Ted Slowik. Slowik was a mid-level manager. Burlington has octet divisions, employing more than 22,000 people in 50 plants around the U. S. Slowick was a evil president in one of five business units within one of the divisions. He had authority to make hiring and promotion decisions subject to the approval of his supervisor, who subscribe the paperwork. Slowik was not Ellerths immediate supervisor. Ellerth worked in a two-person office in Chicago, and she answered to her colleague, who in turn answered to Slowik in New York. ttp//www. lkorn-law. com/articles/relevent/supreme_decides_sex_har. htm Faragher v. City of Boca Raton, and Burlington Industries Inc. v. Ellerth, the Supreme Court essentially stated that the employer is responsible for the actions of the supervisor, even when the employer is unaware of the supervisors behavior. An employer can no longer claim that they did not know about the sexual harass ment because the employee did not inform them, nor can they claim that they were unaware of the supervisors behavior.Out of the two cases listed above the first one is pertinent to the case because even though she was disciplined for cell peal practice session she was still sent to another athletic field to be subjected to further abasement by her male co-workers. The second case states where even though the Pollard did not reprt the abuse the supervisor was well aware of what was going on. D. well-read discriminatory dealing with individuals having a disability or belonging to a special(a) group based on their age, ethnicity, race, or sex. The Human Rights commssion cut that Pollard was discriminated on due to her sex.Yes I fully agree with their decision. She should be awarded for all damages and future earnings. I would not want that particular job back but one in another area with maybe the same company. Read more http//www. businessdictionary. com/definition/disparate-t reatment. htmlixzz17DKebnxM Points Received 40 of 40 Comments Great that you answered all parts of the question excessively I like that you used the case in which the cell phone discipline took place while it was determined that harassment occurred. This shows that 2 wrongs do not make a right 3. Question The CEO asks you to retrospect the sexual harassment policy currently in place, which Virginia signed. He wants you to provide him with suggestions for change to it. Review the policy and give three recommendations for changes, enhancements and ideas for making the policy stronger. Include your reasons for these suggestions. If you find information online for making these changes, include citations and/or link up to that information. Explain how your suggestions may have protected Teddys in this case. Support these recommendations with current case law. Your Answer The contract signed by Virginia was vague. It also states that thither will be a warning. She was terminate d immediately. My suggestion would be to go further by having the employees attend sexual harassment training. They should also offer some type of support for their employees who think they are experiencing it or in truth experiencing it. They should also make the supervisors and all employees aware of their no tolerance policy. An employer should correct harassment that is clearly unwelcome regardless of whether a complaint is filed.For example, if there is graffiti in the workplace containing racial or sexual epithets, management should not wait for a complaint before erasing it. An employer should ensure that its supervisors and managers attend their responsibilities under the organizations anti-harassment policy and complaint procedures. An employer should screen applicants for supervisory jobs to see if they have a history of engaging in harassment. If so, and the employer hires such a candidate, it must take steps to monitor actions taken by that individual in order to preven t harassment.An employer should keep records of harassment complaints and check those records when a complaint of harassment is made to reveal any patterns of harassment by the same individuals. http//www. eeoc. gov/policy/docs/harassment-facts. html Points Received 18 of 20 Comments How should the employer support employees? 4. Question How would Pollards case be impacted if her replacement had been a feminine? Would her case be polar? Would her damages be different? Explain your answer. Your Answer Had Pollard been replaced by a female it would make her case weaker stating that it was her and her character in that position that caused the men to react the way that they did towards her. alternate her with another male shows guilt on the companies side. Had they not been aware of the situation at hand or been doing something to avoid it, it wouldnt have made a difference if they would have hired another female. Her case would have been different because had they hired ano ther female would have shown them being less blameable of any of the accusations against them. ecause they did hire a male, made them look more unadventurous or even suspicious. I dont know for sure if her damages would have been different but her case would have been. she was awarded damages on the dialog box thinking she was fired unlawfully. Points Received 5 of 10 Comments Why do we blame the woman? The employer has a duty to protect its employees from harassment that means the men MUST be required to abstain from harassment not just work with all men. Bottom of Form