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forms of harassment at work places and their remedy
civil action procedure
civil action procedure
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Civil Litigation Process For Sexual Harassment
Prompt:
You are in charge of the human resources division of a large software development company. One of your responsibilities is to work with the company's retained law firm on suits against the company by present and former employees. A former employee has just filed suit against the company and one of its supervisor's for sexual harassment. The citation has been served upon the authorized agent for the company today. You have also been advised today that you are going to be promoted to senior vice president in charge of software development and that the new human resources director has little experience with matters related to civil litigation. You must orient the new director to the mechanics of how a civil lawsuit works its way through the legal system so that she can integrate her activities with that of the law firm in defense of the newly filed suit
Prepare a three (3) to five (5) page memo to the new director generally describing the litigation process.
To: Manager, HR department
From: Vice President
Date: 5/18/14
Subject: Litigation process for recent lawsuit of sexual harassment
Over view
The following document is a description of sexual harassment litigation process and my proposals to create a manual policy on sexual harassment cases.
The Stages of Sexual Harassment Litigation
1. Beginning of Controversy and Attempts to Resolve Conflict
"Having an litigation goal''
The goal of the case should be determined as early as possible, by the facts, witnesses, forum and client, because it will dictate how you will manage the litigation. For instance, if the forum, facts and client indicate that (1) summary judgment is ...
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...uld establish, distribute to all employees, and enforce a policy prohibiting harassment and setting out a procedure for making complaints. In most cases, the policy and procedure should be in writing.
· Small businesses may be able to discharge their responsibility to prevent and correct harassment through less formal means. For example, if a business is sufficiently small that the owner 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 investigation of any complaint that arises and undertakes swift and appropriate corrective action, it will have fulfilled its responsibility to "effectively prevent and correct harassment."
to the California Fair Employment and Housing Act’s (FEHA), which prohibits against sexual harassment in the workplace. Individual supervisors, managers and non-supervisory employees are individually subject to the FEHA’s anti-harassment provisions. The goal of the FEHA is to familiarize supervisors and managers with their responsibilities under California law for responding to, and preventing, sexual harassment. Although federal law imposes similar duties as those required by the FEHA, there are
Introduction Sexual harassment in the workplace resulting in a hostile work environment for female employees, costs companies and organizations millions of dollars in settlement costs each year. “The Equal Employment Opportunity Commission (EEOC) and Fair Employment Practice Agency partners reported that from fiscal years 1997-2011, there were 205,996 reported sexual harassment claims resulting in monetary payouts of 725.3 million dollars, and these statistics do not include claims through litigation” (Sexual
monitored and guided by the Equal Employment Opportunity Commission (EEOC), which was created by the Civil Rights Act of 1964 (Gidro & Gidro, 2016). Essentially, a hostile environment may result from a broad spectrum of verbal conduct, such as insults, tasteless jokes, nicknames, profanity, and requests for sexual favors. Thus, this would also include physical conduct, like touching, exposure, sexual assault, and
Sexual Harassment Interventions Sexual harassment affects people of all ages and races and of both sexes. Although it has been outlawed under Title VII of the Civil Rights Act of 1964 and prohibited under Title IX of the Education Amendments of 1972, many companies and schools have yet to develop adequate policies and procedures for addressing sexual harassment. Evidence of this is apparent in the increased number of grievances filed with the U.S. Equal Employment Opportunity Commission (EEOC):
Sexual Harassment is first traced from the Middle Ages in the feudal era, custom stipulated that all vassals or serfs were required to give their brides to satisfy their masters sexually. The only way this could be avoided was where the bride or the bridegroom paid a specific amount of produce in redemption dues. While this may seem different from sexual harassment on the job, in fact, in feudal times, the feudal lord was the employer of his vassals and serfs, and their brides became his sexual property
and regulatory measures adopted to control and prevent sexual harassment In India, violence against women has always been very common. Innumerable women across the country are exploited socially, economically, physically and mentally in various ways because of paternal mindset and various types of superstitions and myths. In modern times, as women have started stepping out for their freedom, independence and dignity, the cases of sexual harassment at workplaces have started coming into the picture.
According to McDonald, Jr., and Noble, Jr. (2011), quid pro quo harassment involves sexual advances to obtain a job or for advancement within the organization, whereas a hostile work environment occurs when unsolicited sexual remarks or conduct hinders an employee’s ability to perform their job effectively (p. 297). The Equal Employment Opportunity Commission stated, “Harassment is illegal and can take the form of slurs, offensive or derogatory comments, jokes, insults
concerning various allegations of conduct constituting sexual harassment (SH) and unlawful discrimination on grounds of sex. The reasoning of Mansfield at first instance (which is accepted by the judges at appeal) adequately addresses issues of credibility, standard of workplace policies regarding SH and discrimination, and etc. The aim of this research paper is to assess the court’s approach to the conduct alleged to constitute sexual harassment, respondent’s response to the allegations, and the assessment
request. Jones alleged that the governor made unwanted sexual advances towards her which she explicitly rejected (Motos, 1998). Consequently, Jones reported she suffered adverse employment action by her superiors, who “treated her rudely and changed her job responsibilities” (Motos, 1998). The governor of
Long hours spent in jail or prison facilities will create opportunities for some officers to make advances towards an inmate. Pollock (2014) states, “This familiarity with inmates sometimes tempts officers to engage in unethical behaviors such as sexual relationships (p. 194). It is up to correctional administrators to set the tone and exemplify good leadership and management skills that can instill good working ethics in the minds of young correction officers. Clear et al. (2013) believed in an
have been sexually victimized by correctional officers, refuse to report the incident for all the reasons previously stated. The Department of Corrections realized all the complications and risks that inmates have to go through in order to report sexual abuse incidents; therefore,
forbidden. They need to be accountable if they refuse to comply with reasonable school rules by behaving in prohibited ways. Holding the students accountable, means the violators will be subject to disciplinary measures or consequences. As students civil rights revolution evolved, and the increase of these rights emerged, parents and students, began to question, undermine, and challenge school disciplinary practices in court with the help of lawyers in the public’s interest. The timeframe for drastic
Salimath. "Diversity Identity Management: An Organizational Perspective." Journal Of Business Ethics 116.1 (2013): 151-161. Business Source Premier. Web. 26 Nov. 2013. 6.) Managing cultural diversity and the process of knowledge sharing Lauring, Jakob. "Managing Cultural Diversity And The Process Of Knowledge Sharing: A Case From Denmark." Scandinavian Journal Of Management 25.4 (2009): 385-394. Business Source Premier. Web. 26 Nov. 2013. 7.) Workplace Diversity Practices "Workplace Diversity Practice
Looks, Beauty, & Appearance Discrimination in Employment Employment discrimination legislation has evolved to include race, disabilities, sexual harassment of either gender, and age. In lieu of this evolution and an increasing trend toward equality for all individuals in the workplace, the time has come for the protective reach of employment discrimination law to cover ugliness. While the proposal may cause titters at first, evidence exists that discrimination based on looks (or physical appearance)
of their positions. This can potentially cost the firm huge profits. Unfair treatment of employees can also lead to re... ... middle of paper ... ...le VII The Leadership Conference. "The Leadership Conference on Civil and Human Rights." The Leadership Conference on Civil and Human Rights. N.p., n.d. Web. 09 Dec. 2013. http://www.civilrights.org/resources/civilrights101/employment.html The Wage Project. "What is the role of the EEOC and who else can be a Plaintiff in a Consent Decree?." What