An assessment of the current laws regarding sexual harassment and how it differs from basic workplace bullying or harassment.
Written in 2006; 1,697 words; 15 sources; MLA; $ 55.95
Paper Summary:
This paper assesses the current laws regarding sexual harassment in the workplace, focusing specifically on the Supreme Court case Mack v. Otis Elevator in determining current legal standards regarding sexual harassment. This paper also examines the concepts and laws that are being implemented by employers in the corporate world today.
From the Paper:
"In Faragher, the City claimed that it was not responsible for the plaintiff's sexual harassment because it was "unaware" that it existed in the workplace; however, the Court ruled that this was not an acceptable rationale (118 S. Ct. 438). Instead, the Court established that higher-ups in the workplace ought to monitor and control the work environment, and that "reasonable care" ought to be exercised with regard to eliminating a hostile work environment (ibid.). However, these two cases also established that a "tangible employment action" had to occur as a result of the harassment, a decision which was later reiterated in Pennsylvania State Police v. Suders (No. 03-95, 2004). In Suders, the plaintiff asserted that the work environment was so hostile she eventually resigned as a result, and the Court utilized the upholding of her assertion to note that such a change of employment status was requisite for actionable suit aimed at an employer (Heller 2004).
This policy, however, is not to be understood as making an employer responsible for all conduct of employees under the aegis of the organization. Two early cases established that employers could not be held responsible for certain behaviors by employees; Corn v. Bausch and Lomb, Inc. established soon after the implementation of Title VII that the employer could not be held directly responsible for the personal actions of one employee (390 F. Supp 161). Likewise, Tompiks v. Public Service Electric and Gas Company noted that certain behaviors, specifically those that were "an unfortunate consequence of an inharmonious personal relationship," could not be construed as sexual harassment (422 F. Supp. 553)."
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