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Sexual harassment within the workplace
Equal employment opportunities equal pay discrimination
Sexual harassment within the workplace
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Equal Employment Opportunity Complaint
In order for John to file a discrimination complaint against his employer, he is required to file a charge with the Equal Employment Opportunity Complaint counselor or representative of the company. Once the charge has been filed, an investigation is made, or the charge maybe selected to an EEOC program and maybe dismissed. In this case, John is given a certain number of days to file a lawsuit on his behalf. This process would have to go through several lengthy stages such as the EEOC administrative process. If gone to trial it must go through filing of a summons, response and answer, discovery process, enlisting of experts, pre-trial, actual trial and a possible appeal.
In the EEOC’s Charge Process, John must go to his EEOC’s representative within this company and file a complaint. This is considered the administrative process. Pertinent information must be given about the plaintiff and defendant such as name, address and phone number, the date and a brief description of the charge. Once the charge has been filed the employer is notified that charges have been filed. The charge would be thoroughly investigated. A written description and date of alleged violation is requested again; interviews with people, documents are reviewed; and sometimes the facility is visited which the alleged discrimination occurred. As an alternative the charge may be assigned to the EEOC Mediation Program instead of an investigation, which both parties must consent to. If the mediation is unsuccessful, the charge returns back to investigation. There is a possibility that the charge be dismissed. If this is the case, John will be able to file a lawsuit on his behalf within 90 days.
After given the notice of a right to sue from EEOC, John can then file a lawsuit within two years. This is where the statue of limitation comes into place. The suit must be filed within the discovery of the charge. John must then file a summons or a complaint in the appropriate court. Attached to the summons is a detailed complaint of the allegations and relief required in case. The defendant, John’s employer, will then receive the summons notifying them of the lawsuit.
After the defendant receives the summons, they must respond by filing an answer or preliminary motion within the federal court or preliminary objection within the state court. Th...
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...d other employees would benefit by becoming knowledgeable of their rights under the laws of EEOC and corrective or preventive actions would be taken to discourage discrimination. This is why it is so important that an employer must educate management, as well as, employees so that problems, such as, John’s won’t escalade to the point of a complaint being filed within the EEOC administration. Employer’s may lose, as well as, employees and may become devastating where as both parties are negatively affected.
REFERENCES
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition II. Regulation of Discrimination in Employment 3. Title VII of the Civil Rights Act of 1964, The McGraw-Hill Companies.
The U.S. Equal Employment Opportunity Commission. Retrieved from http://www.eeoc.gov on April 1, 2004
U.S. Courts Federal Judiciary. Retrieved from http://www.uscourts.gov on April 1, 2004
Discrimination Complaint Procedures. Retrieved from http://www.lacity.org/per/EEO/discrime.htm
April 1, 2004
II. Trial Court Ruling. The district court granted the defendant’s motion for summary judgment on the plaintiff’s sexual harassment claim. The plaintiff’s retaliation claim went to trial, but the court excluded evidence regarding the alleged sexual harassment. The court refused to grant the plaintiff a new trial. The appellate court affirmed the district court’s ruling.
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
Hamblett, M. (2004, August 26). 2nd Circuit: Impact of Employer Acts Grounds for Suit: Court rules on disparate impact theory of recovery. New York Law Journal. Retrieved April 4, 2005 from http://www.law.com/jsp/article.jsp?id=1090180422885
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
What uncompensated work did the plaintiff claim she performed? What should the district court have done with the statement of another employee that the plaintiff did not engage in work prior to her official start time?
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
Holley, Jr., W., Jennings, K. & Wolters, R. (2012). The labor relations process. (10th ed.). Fort
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
A precedent case changed the way several businesses handle EEOC grievances. In the case of Arbaugh v. Y&H Corp, a female employee brought a lawsuit against her former employer claiming she had been sexually harassed and a lower court jury found in favor of the employee and award her punitive and compensatory damages. The employer did not realize an exclusion from the Civil Rights Act of 1964 applied to the business due to the small number of employees on the payroll. The Supreme Court found that even though Y&H Corp. did not employ fifteen or more employee it did not preclude a federal district court from hearing the complaint. This case directly influences the relaxed rules related to the Civil Rights Act for smaller businesses. A component of the thought behind a different level of enforcement for small businesses is they cannot handle the monetary implications of higher standards. Since this case in 2006, employers routinely make the applicable enforcement agency aware they fall below the employee threshold and this has provided an enhanced level of protection (Gentry, Robinson, Dibrell, & Franklin, 2013). This has not mitigated the risk that the EEOC will find a small business has violated Title VII and the business owner must appear in court to provide evidence they are a covered employer. The Arbaugh case created
Schipani, C. (2013). Class Action Litigation After Dukes: In Search of a Remedy for Gender Discrimination in Employment. University of Michigan Journal of Law Reform, 46(4), 1249-1277.
Human Resource Action: Schedule a meeting with discuss her inappropriate workplace behavior, and next steps. First, thoroughly review the complaint against John. Secondly, schedule a meeting with Jill to discuss her inappropriate comments and workplace behavior. Assured Jill that her sexual harassment complaint is being investigated. However, it does not excuse her inappropriate comments or behavior, which should cease immediately, or result in a disciplinary actions. Furthermore, recommend Jill contact the confidential Employee Assistance Program (EAP) service to discuss this matter, which is obviously causing
Rights Act of 1964.” EEOC.gov. Title VII of the Civil Rights Act of 1964, n.d. Web. September 29 2011.
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
The U.S. Equal Employment Opportunity Commission. (1997, January). Title VII of the Civil Rights Act of 1964. Retrieved from: http://www.eeoc.gov/policy/vii.html
Harassment and discrimination can affect a business in many ways. Having a history of harassment and discrimination claims can damage a business’ reputation and affect its bottom line. It can cost the business current and future clients as well as investors and employees. Depending on the gravity of the claim(s), the process of settling the claim(s) can take anywhere from months to years. Meanwhile, the cost of the settlement and other fees continue to add up. A business might have to compensate the affected parties besides paying court fees and lawyers. The EEOC has seen a rise in monetary rewards from 7.5 million to 24.3 million (Glazer, 1996) However, all of these can be avoided by properly educating employers and employees about their rights and what harassment and discrimination entails.