Assignment -MEMORANDUM
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University of Maryland, University College *
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Law
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Jan 9, 2024
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docx
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Uploaded by CoachKookaburaPerson437
MEMORANDUM
To:
Chief Executive Officer
From:
Human Resources Director
Date:
October 7, 2023
Re:
Concerns raised by Chloe regarding inappropriate comments from Manager Stan
A Brief Overview of the Complaint:
Chloe, a new employee, has reported inappropriate comments from her manager, Stan. These comments include Stan discussing his visits to strip clubs, derogatory remarks about the appearance of female staff, and insinuating comments to Chloe suggesting that her success in the role might be linked to her appearance and how she interacts with him.
Summary of
the
Sexual Harassment Law:
Sexual harassment is defined under Title VII of the Civil Rights Act of 1964 as unwelcome verbal, visual, or physical conduct of a sexual nature that affects an individual's employment, unreasonably interferes with their work performance, or creates an intimidating, hostile, or offensive work environment. There are two primary types of sexual harassment:
1.
Quid Pro Quo Harassment
: This is when a job benefit (promotion, raise, etc.) is directly tied to an employee submitting to unwelcome sexual advances or conduct.
2.
Hostile Work Environment
: This occurs when the conduct is so severe or pervasive that it creates an offensive or intimidating workplace.
Is This Complaint Sexual Harassment?
Based on the details provided by Chloe:
Stan discussed personal and inappropriate activities (going to a strip club).
He made disparaging comments about the appearance of other female staff.
He insinuated that Chloe's job performance would be judged based on her looks and
her interactions with him.
It is possible that the atmosphere at work has become hostile because of these statements. Chloe may have only recently started working for the company but based on the pattern of comments and the surrounding context, it seems as though she is already in a scenario in which she views the work environment as being hostile owing to improper comments made by Stan.
Suggestions for Addressing Chloe's Concerns:
1.
Immediate Address
: Talk to Chloe one-on-one to reassure her that her concerns are being heard and considered seriously, and that the organization places a high priority on maintaining a secure working environment.
2.
Investigation
: Launch an investigation into the matter that is completely objective. Interviews with Stan, Chloe, and any other prospective witnesses should be a part of this step. To protect the safety of all parties concerned, it is imperative that all interviews be kept strictly secret.
3.
Counseling/Training for Stan
: Even if the investigation concludes that there is ambiguity, Stan could still benefit from receiving training to prevent sexual harassment so that there are no further incidences.
4.
Provide Feedback
: Once the investigation has been concluded, Chloe should be given
feedback on the steps the organization is taking to address the concerns she raised about the situation.
Recommendation for Keeping the Workplace Free of Sexual Harassment
1.
Mandatory Training
: Training on how to prevent sexual harassment should be completed once a year by all employees, but particularly by those with supervisory responsibilities.
2.
Clear Policies
: Make sure that the company's policy on sexual harassment is easy to understand, that it is readily available, and that it handles all types of harassment in its entirety.
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3.
Open Reporting Channels
: Create a number of different avenues via which employees can voice their concerns without fear of retribution. This may include reporting systems such as anonymous hotlines or third-party reporting procedures.
4.
Regular Review
: Conduct regular reviews of the company's anti-harassment policy and procedures to verify that they are up to date and serving their intended purpose.
5.
Promote a Respectful Culture
: Maintain consistent lines of communication with the
workers regarding the significance of maintaining a respectful culture inside the workplace. Activities that develop teams and promote diversity and inclusion should be encouraged.
In conclusion, it is necessary to respond to Chloe's concerns in a quick and thorough manner. It will be easier for our organization to demonstrate its dedication to maintaining a respectful and harassment-free working environment if we respond to Chloe's concerns in a
timely manner and take the right actions. Best regards,
Ahmed Kamara
References:
Conte. A. Sexual Harassment in the Workplace: Law and Practice by Alba Conte
Hirshman. L Reckoning: The Epic Battle Against Sexual Abuse and Harassment, by
Fitzgerald, L.F., Swan, S., & Fischer, K. (1995). Why didn't she just report him? The psychological and legal implications of women's responses to sexual harassment
Journal of
Social Issues, 51
(1), 117-138.
U.S. Equal Employment Opportunity Commission (EEOC). Title VII, 29 CFR Part 1601, 29 CFR Part 1604