“According to the United States Equal Employment Opportunity Commission, 11,364 charges were filed alleging sexual harassment in the workplace last year. Increasingly concerned about relationships’ aftermath and possible sexual harassment claims, some companies are taking a preemptive approach.” (Goudreau, 2012) I recommend that our organization adopt and implement a love contract policy and require employees who are in romantic relationship sign love contracts. A love contract, also known as consensual relationship agreement, is a signed agreement between employees who make the decision to date while working in the same organization. “A love contract policy establishes workplace guideline for dating or romantically involved coworker.” (Heathfield, 2016)
Love contracts can protect our company from sexual harassment litigation. If our policy is well written, we can limit any future litigation as a result of sexual harassment claims for those who have signed a love contract to arbitration. This protects us from excessive legal cost and time in court. Furthermore, love contracts will set guidelines for dating while in our workplace. With a policy in place, we can discuss with our employees
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Many employees feel that this violates their rights and question the legitimate purpose of such a broad and far-reaching policy. At most, the love contract policy should prohibit dating between management and non-managerial staff but stop short of prohibiting dating between coworkers at the similar employment levels. Additionally, creating non-fraternization policies will create circumstances that we may be required terminate employees for the act of dating or going on a date even when these behaviors do not create a hostile work environment. The true intent of the policy is to reduce hostile work environments that results specifically from sexual
The “quid pro quo” harassment culprit is a boss or supervisor that gives certain employees below them benefits if they enter into a sexual relationship, or grant sexual favors to the boss/supervisor (Shaw, p.444). This form of sexual harassment is hard to argue, the suppressor is clearly taking advantage of the subordinate, because the subordinate is at risk for losing their job if they don’t participate.
A Theory of Justice is the magnum opus of 20th century social contract theorist and political philosopher, John Rawls. A bit of background into this work is that social contract theory had fallen out of favor with political scientists and philosophers since the last 18th century, with the success of the American Revolution and the apparent triumph of John Locke and Democracy. However, with the advent of modern globalization, the emergence of America as a superpower, but the growing concern of socio-economic disparity necessitated a revisiting of the social contract, what it means, how societies and governments were best constructed.
Fraternization in the workplace is often not thought of as an ethical issue; however, in some cases it may be. Fraternization, according to Merriam-Webster, is defined as spending time with a person in a way that may be considered inappropriate. There are many reasons that fraternizing is believed to exist. One reason for that is working long hours and being at work with coworkers more than at home with family. Dating in the workplace does not always cause problems, but it can lead to distraactions for those involved and for those on the outside fo the relationship.
Men and women comprise two very different and distinct cultures. In an organizational setting, misunderstandings between these two cultures can cause major problems and disrupt the process of working to achieve organizational goals. This problem is compounded when men and women of different cultural backgrounds come together in an organizational setting. One such problem that may occur is the issue of sexual harassment in the organization. The following study will explore the possible definitions of sexual harassment from a cultural perspective. Do different cultures perceive and define sexual harassment differently?
Workplace romance is an issue that has been causing employers to create and enforce a No-Fraternization Policy. A No-Fraternization Policy is sometimes called a “Love Contract,” according to Kathryn Taylor from Society for Humans Resource Management (2008). A love contract is a policy that is signed by those involved in the relationship and the employer. This contract is a testimony stating that the relationship is consensual and voluntary by both. Many employees would say this is an invasion of their privacy but to others, including myself, it’s a protection for them and for the company. The No-Fraternization Policy is valuable because it helps reduce the possibility of harassment, favoritism, and will help keep productivity at a healthy level.
Sexual harassment can take place between any two individuals: any gender to any gender, any business, school, place of social, religious, and political organization, authority to subordinate, subordinate to authority.The DeVito text separates this definiti...
It is estimated that nine out of ten women will be victims of sexual advances at work. The courts are making it easier to hold a company liable for any sexual harassment behavior that occurs within the workplace. The employer does not even need to know that the sexual harassment is taking place for an employee to file a suit and win. It is almost impossible to find a ?solution? or ?magic key? that will end the problem. There is no guarantee that anything will prevent sexual harassment from happening. There are only suggestions that might help in depleting the problem.
Intention to create legal relations can be defined as follows. ‘An agreement will only become a legally binding contract if the parties intend this to be so. This will be strongly presumed in the case of business agreements but presumed otherwise if the agreement is of a friendly, social or domestic nature.’ Source (HNC unit 5 Business law course book) In determining whether the parties intend their agreements to be legally binding the court is guided by two presumptions. Parties to a domestic or social agreement do not intend to be legally bond. Parties to a business agreement intend to be legally bond. These are presumptions only and can be rebutted by sufficient evidence to the contrary. Domestic and Social Agreements Balfour v Balfour (1919) Merritt v Merritt (1976) Simpkins v Pays (1955) Business Agreements Jones v Vemons Pools (1938) Source (HNC Business law notes) One of the essential elements in the creation of a binding contract, this intention is implied by the fact that it is not expressly denied. If expressly denied (as in a so-called gentlemen's agreement) the contract may not be enforceable. Consideration {text:bookmark-start} {text:bookmark-end} If you look at a legal agreement or contract, you will generally see a phrase in the opening paragraph indicating that the parties agree on an amount of money or "other good and valuable consideration." The concept of consideration has a long history in the law, but simply means something of value. An exchange of consideration between the parties to an agreement is necessary fo...
The main purpose of this memo is to introduce the company’s sexual harassment policy. This memo will define sexual harassment,
Since the concept of workplace dating is changing, companies must adopt some form of dating polices. Companies can decide to ban dating at all, ask employees to sign a love contract, or allow dating outside of the chain of command. The policy must be clearly defined enforced, and employees must be trained on the policy. Companies can also designate an HR official who can answer employee questions about the policy and report any complaints of sexual harassment or favoritism. Having a dating policy eliminates confusion among
According to a recent study, the causes of sexual harassment in the workforce can be exceedingly difficult due to the fact that employee’s are dependent on each other for team work and support, and are reliant on their supervisor’s approval for time off and career advancement. Supervisors and employers take advantage of their supremacy they have over their employees. Such closeness and intensity can distort the professional boundaries which lead people to cross over the line. The report also reported that Politics can be a catalyst, and problems caused by poor management, workplace bullying, frustration, and job/financial insecurity which creates a hostile environments. Furthermore, personal problems can also play a factor, and sexual harassment can be a symptom of the effects of life traumas, such as divorce, or death of a spouse or child (Sexual Harassment in the Workplace).
Relationships among workplace peers are the most common type of organizational relationships. At times, these platonic relationships turn romantic which are often regarded as an organizational issue. A workplace romance (WR) is defined as a no-platonic bond between two members of an organization in which both sexual attraction and affection is present (Cowan & Horan, 2014). WRs are common in organizations. According to a poll by the Society for Human Resource Management (SHRM), found that 40% of employees had been involved in a WR at some point in their careers (Cowan & Horan, 2014). The SHRM also found that over 70% of organizations do not have policies that prohibit WR. One of the most concerning questions that arises regarding workplace
Glazer, S. (1996, July 19). Crackdown on sexual harassment. CQ Researcher, 6, 625-648. Retrieved from http://library.cqpress.com/cqresearcher/
Sexual harassment in the workplace has been a huge problem in recent history. It can happen to anyone, and it can happen everywhere. It can affect all types of races, genders and ages. Statistics today show that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consumed covering sexual harassment because of the high-profile cases.
In today’s workplace, sexual harassment is a growing problem. The legal definition of sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. Another definition is the making of unwanted and offensive sexual advances or of sexually offensive remarks or acts, especially by one in a superior or supervisory position. Women and men of all ages, backgrounds, races and experience are harassed on the job. Sexual harassment encountered in workplaces is a hazard across the world that reduces the quality of working life, jeopardizes the well-being of women and men, undermines gender equality and imposes costs on firms and organizations.