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Impact of workplace relations on employees' mental health
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Alexandra Marchuk v. Faruqi, is a recent high profile sexual harassment case in the media. On February 2015, “Ms. Marchuk won on her hostile work environment claim under the New York City Human Rights Law. However, the jury found in favor of the defendants on her hostile environment claims under Title VII (federal) law and the New York state Human Rights Law.” This case sends unclear messages about acceptable and unacceptable workplace behaviors. Ms. Marchuk and Mr. Faruqi seemed to have had a romantic relationship according to other employees who saw evident of such a relationship. She quite abruptly then alleged it was because he raped her and that she had been working in a hostile work environment. What make this unclear the workplace romance and the fact that she was seen regularly behaving in a romantic way towards or with Mr. Faruqi. It is hard for a company to know which side to come down on if allegations of harassment filed when there seemed to be a consensual conduct. Ms. Marchuk claims quid pro quo was why she seemed to play along with his advancements. She was involved in conversations with sexual content that she claims created part of the hostile work environment. Part of the question the employees has to ask is, “If she felt that the situation or behavior offensive why did she not state it instead of being a participant? …show more content…
This affects how co-workers view if there was sexual harassment. This case may affect how workers feel about not allowing office romances at all. The case I think will have more employers instituting no fraternization clauses between employees and increase sexual harassment
My Response. I think the court made the right decision by granting the defendants’ motion for summary judgement as to the plaintiff’s sexual harassment claim, since her gender was not a contributing factor in this case. However, regarding the law in this case, I find it strange that just because Lynch treated both men and women equally badly, this would nullify Smith’s claim for hostile work environment sexual harassment, when such harassment clearly took place. Why does the harassment have to be towards one sex only for there to be a valid legal case? Should it not be enough that she was subjected to unwelcome sexual harassment?
Poniatowska v Hickinbotham [2009] FCA 680 and the unsuccessful appeal against the decision (Employment Services Australia Pty Ltd v Poniatowska [2010] FCAFC 92) are remarkable cases 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 of damages. It will be viewed in light of the broader issues raised by the scholars regarding sexual harassment and discrimination and the Sex Discrimination Act (the SD Act).
Plaintiff Debra Denise Gregg filed a sexual harassment suit for violations of Title VII, and the District of Columbia Human Rights Act against Hay-Adams Hotel. She sought $1,000,000 in compensatory damages and $1,000,000 for damages resulting from emotional distress and $1,000,000 in punitive damages. Plaintiff Anthony Gregg brought the claim for damages resulting from loss of companionship and consortium in the amount of $1,000,000. The judges dismissed the case on the grounds that the plaintiff’s accounts lacked consortium and that the facts did not support her claims for emotional distress and punitive damage.
It was a 1986 case involving a seniors, Matthew Fraser, campaign speech at school that used “sexually suggestive comments and gestures” which created an uproar in the audience (Lusted, Marcia Amidon, and Gerald T. Thain 126). Fraser was suspended for several days and was not allowed to speak at commencement therefore he made the decision to sue the school district since he felt his First Amendment was violated (Lusted, Marcia Amidon, and Gerald T. Thain 126). He was voted against seven to two because he used vulgar language which is not allowed in schools (Lusted, Marcia Amidon, and Gerald T. Thain 126). Because Fraser was not peaceful or non-vulgar like the Tinker case, he was not able to win the case against the Bethel School
It was celebrated by the homosexual activists fighting for the equal rights in the hope that the future legal advances may follow. Social conservatives have deplored the decision for the same reason. Nevertheless, the ruling of the Court was neutral, therefore it was fair.
For instance, Joanna Espinosa filed a sexual harassment against her former boyfriend at the University of Texas – Pan America. When they paid her no mind, she...
In 2005, a female secretary filed a compliment regarding her exclusion from a social gathering on the basis of her gender. The case eventuated from an issue that the manager had not encouraged the secretary to attend the Christmas party which was served by a topless waitress. As a result of the secretary having no knowledge of the party occurring while working that night, she had become distressed by what she believed was happening...
For instance, a representative's unmistakable occupation conditions are influenced when a sexually antagonistic workplace results in her helpful release. Additionally, a boss who makes sexual advances toward a subordinate representative may convey a certain threat to unfavorably influence her employment status in the event that she doesn't go along. Hostile environment badgering may procure qualities of "quid pro quo" harassment if the culpable boss misuses his power over job choices to compel the casualty to persevere or take part in the sexual behavior. Sexual harassment may finish in a retaliatory release if a victim tells the harasser or her employer she will no more submit to the badgering, and is then terminated in striking back for this challenge. “To guarantee a work environment free from inappropriate behavior, associations can take after some essential steps. Initially, the association can build up a strategy proclamation making it clear that sexual harassment won't go on without serious consequences in the working environment. Second, all employees, new and old, can be prepared to distinguish improper working environment conduct. What's more, the association can add to a component for reporting sexual harassment in a manner that urges individuals to stand up. Finally, administration can get ready to act quickly to teach the individuals who take part in sexual harassment, and also to secure the victims of inappropriate behavior (Noe,
The EEOC has also stated that a victim of sexual harassment need not say anything to any supervisor. Co-workers and supervisors are liable if any one kn...
...icant. This one for many families today is very important. These cases are also the reason why during a census you have the opportunity to check multiple races, instead of just one. This case stirred debates of gay marriage, which is a matter of personal opinion. It is up to you whether that is a pro or a con.
Anna’s claim comes under the broad rubric of the unlawful employment practice of sexual harassment which has become known as “hostile work environment” developed under Title VII of the Civil Rights Act of 1964:
Roberts, Barry S. and Richard A. Mann. ?Sexual Harassment in the Workplace: A Primer.? n.pag. On-line. Internet. 5 Dec 2000. Available WWW:
Clark, C. S. (1991, August 9). Sexual harassment. CQ Researcher, 1, 537-560. 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.