SU_MGT3045_W2_Marquez_A

docx

School

South University *

*We aren’t endorsed by this school

Course

3045

Subject

Business

Date

Apr 3, 2024

Type

docx

Pages

Uploaded by LieutenantSeaUrchin4186

1 Week Two Project Anastasia Marquez MGT3045- Human Resource Management James Ziegler March 27, 2024

2 The primary objective of the Civil Rights Act of 1991 is to enhance and reinforce the laws that prohibit employment discrimination, as well as to address other related matters. Expanding the scope of the Civil Rights Act of 1964, enabled broader approaches to compensating individuals who have been subjected to discriminatory practices in the workplace. Recognizing that not all forms of discrimination are overt and easily detectable, the Civil Rights Act of 1991 introduced measures and safeguards to protect minorities and individuals who experience more subtle yet impactful forms of discrimination. “This legislation was enacted to rectify the shortcomings resulting from the Supreme Court's decisions in 1989 and to address the remaining gaps in the Civil Rights Act of 1964. One significant catalyst for this amendment was the controversial rulings made by the Supreme Court in the case of Ward's Cove Packing Co. v. Atonio.” (Kovacevic, 2021) Without delving into intricate details, the Supreme Court's decisions in this case undermined the breadth and effectiveness of the Civil Rights Act of 1964. Consequently, it became necessary to implement changes in the codified civil rights protection. Sexual harassment is a widespread issue in various settings, predominantly impacting women and minorities, although it can target anyone. It involves making individuals feel uneasy through sexual behaviors, discussions, or requests, whether intentional or not. This behavior is not limited to the workplace, as it can also occur in schools, religious institutions, or within communities. Sexual harassment is characterized by being unwelcome, persistent, and purposeful, encompassing sexual remarks, actions, or contact. The primary forms of sexual harassment are quid pro quo and hostile environment harassment. Quid pro quo refers to a form of workplace sexual harassment in which a manager or someone in a position of power offers or suggests that they will grant job-related benefits in return for the employee's agreement to engage in a sexual act. These benefits can include a

3 higher salary, promotion, or other advantageous privileges. A situation of quid pro quo may occur when a supervisor or someone in a position of authority offers job security in exchange for sexual favors, which can also affect job seekers. If unwanted sexual advances influence a hiring decision, it is considered quid pro quo harassment. Responding to or rejecting such advances can result in a complaint of sexual harassment. John has made Martha's work environment extremely hostile by targeting her based on their past intimate relationship, causing disruptions to her work performance, and creating an intimidating and offensive atmosphere. This type of behavior is considered sexual harassment in a hostile work environment, as it is impacting Martha's ability to work effectively. John's actions towards Martha have created a toxic work environment, making it difficult for her to perform her job effectively. This kind of behavior is considered sexual harassment in a hostile work environment, and Martha needs to address it. When Martha reports the harassment to the HR manager, they have several responsibilities. (Society for Human Resource Management.). First, they need to make sure that both Martha and John understand the seriousness of the situation. Then, they must inform everyone involved about the company's sexual harassment policy and the investigation process. Finally, the HR manager needs to conduct a thorough investigation and create a detailed report. (SHRM). Additionally, the HR manager is obligated to prepare and submit a summary report of the sexual harassment investigation, along with recommendations, to the relevant officials within the organization for the determination of appropriate actions (SHRM). Lastly, the HR manager must inform the parties involved about the corrective actions that the management has agreed upon and reinforce them accordingly (SHRM). It is important to note that these obligations follow a similar process, starting from the first obligation and ending with the last one mentioned.

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

4 The employer bears automatic responsibility for any harassment a supervisor commits, leading to adverse employment consequences such as termination, denial of promotion or hiring, and wage loss. “In cases where the supervisor's harassment creates a hostile work environment, the employer can escape liability only if it can demonstrate two things: 1) it made reasonable efforts to prevent and promptly address the harassing behavior, and 2) the employee unreasonably neglected to utilize any preventive or corrective measures offered by the employer.” ( Harassment ) The employer may be held responsible for harassment carried out by non-supervisory employees or non-employees under its control if it was aware of, or should have been aware of, the harassment and did not promptly and effectively address the situation. When examining harassment claims, the EEOC considers all aspects of the situation, such as the behavior itself and the circumstances surrounding the alleged events. The decision on whether the harassment is serious or widespread enough to be considered unlawful is determined on a case-by-case basis. The Court acknowledged an affirmative defense to liability, even if a supervisor was responsible for creating a hostile environment. “This defense necessitates 1) proof that the employer took reasonable measures to prevent and address harassment, and 2) evidence that the employee who complained did not exercise "reasonable care" in utilizing the employer's protections and preventing avoidable harm.” ( FEDERAL HIGHLIGHTS ) In this instance, the Court ruled out any possibility of the city using this defense, citing the city's failure to publicize its anti-sexual harassment policy, inadequate monitoring of supervisors' behavior, and absence of provisions allowing employees to report harassment without involving the offending supervisor. There are multiple factors in this case that increase the chances of John being held responsible. To begin with, if John and Martha were publicly involved for two months and

5 Martha ended the relationship, it would be easy to establish that John had a motive to sexually harass her. Additionally, if Martha can provide evidence of John threatening her to make her regret ending the relationship, it would serve as sufficient proof to find John guilty. Moreover, considering the evident impact of the harassment on Martha's recent work performance and attitude, it is clear that John caused significant harm in the workplace. Lastly, since the work performance records align with the timeframe when John started harassing Martha, the evidence presented by Martha will be undeniable. Therefore, there is a high likelihood that John will be found guilty of the sexual harassment allegations. The initial action the HR manager must take to address the workplace situation if Martha prevails is to implement strict disciplinary measures against John that match the seriousness of his behavior. Moreover, the manager can address the issue by providing Martha with front pay, compensating her for any future losses. These steps will not only redress the harm caused by the sexual harassment to Martha but also ensure that John is held responsible for his actions. References Kovacevic, F. (2021, January 19). The Civil Rights Act of 1991 | U.S Equal Employment . Khouri Law. https://khourilaw.com/civil-rights-act-of-1991/#:~:text=The%20main%20purpose %20of%20the,relating%20to%20discriminatory%20employment%20practices.

6 Harton, O., JD. (2023, October 4). What is quid pro quo harassment? Findlaw. https://www.findlaw.com/employment/employment- discrimination/what-is-quid-pro-quo-harassment.html Team, L. (2020, June 29). Understanding hostile work environment sexual harassment . Yadegar, Minoofar & Soleymani, LLP. https://www.ymsllp.com/blog/2020/june/what-is-hostile- work-environment-sexual-harassme/#:~:text=a%20viable%20claim-,What%20Is %20Hostile%20Work%20Environment%20Sexual%20Harassment%3F,hostile%20or %20offensive%20working%20environment. Harassment . US EEOC. https://www.eeoc.gov/harassment#:~:text=They%20should%20clearly %20communicate%20to,action%20when%20an%20employee%20complains. FEDERAL HIGHLIGHTS . US EEOC. https://www.eeoc.gov/federal-sector/federal-highlights- 3#:~:text=The%20affirmative%20defense%20requires%20a,prevent%20harm%20that %20could%20have Society for Human Resource Management (SHRM). Sexual Harassment Policy and Complaint/Investigation Procedure. https://www.shrm.org/resourcesandtools/tools-andsamples/policies/pages/ cms_000554.aspx

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

SU_MGT3045_W2_Marquez_A

Related Documents