High Grade Paper 3 Fall 2013 (dragged) 1

High Grade Paper 3 Fall 2013 (dragged) 1 - Rule of Sexual...

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Unformatted text preview: Rule of Sexual Harassment Title VII of The Civil Rights Act of 1964 says that discriminating against anyone in temis of their employment simply based on race. color, religion, sex or nationality is unlawful. Conduct that is unlawful must be “sufficiently severe or pervasive to alter the conditions of the victim‘s /" employment and create an abusive working enviroument," sex t harassment is conducive to a @000 hostile or abusive environment under the lense of 'I‘itl . The US. Equal Employment Opportunity Commission defines sexual harassment as “unwelcome sexual advanc . requests for sexual favors. and other verbal or physical harassment ofa sexual n In addition. harassment does not have to merely be sexual in nature. Harassment can include offensive remarks about someone’s sex. For example. according to the EEOC. making repeated disparaging remarks to about women in general to a female employee is illegal. f‘64 \761 5; / Hostile environment harassment is based on the precedent set by Teresa Harris v. Fork/[fl Systems: In) In that case. while l-Iarris wasqa manager of Forklift Systems. Inc. the president I'SLibiectfled her to repeated sexual commentsywhich led to her ultimately having to quit her job. In // its decision in favor of 'l'eresa Ilarris. the court establighed that/to find an employer liable for a L“ ’ hostile environment. concrete physical hami is not equired. As long as a reasonable person fig . . . . . . ‘Ooof perceives the env1ronment to be hostile and abus1ve. It does not also need tt be ' ologically 5 injurious. In order to determine ifa reasonable person would perceive the environment ' hostile and abusive. we must look at the frequency and severity of the harassing co ct. In addition. we must determine if the conduct is physically tlueatenWliating. Lastly. if the conduct ' / unreasonably interferes with an employee's work performance. a reasonable persom perceive the environment as hostile and abusive. In [flier/17 v. Burlinglon, the court established that employers are vicariously liable for \796)’ «ME/i harassment done by personnel if they know about the behavior and fail medy it. An employer may raise a defense to liability by showing that the employer exercised reasonable care to prevent and correct any sexually harassing Waddition, if the plaintiff unreasonably failed to take advantage of any prev entive or corrective opportunities provided by the employer. M the defendant may not b ' . \§ Application of Sexual Harassment » Bubba Hiers subjected Ms. Jackson to a hostile work environment because on multiple (Egg) E K \ occasions, he expressly insulted women in her presence. Hiers often made comments like. @9 "you’re everything I‘ve never wanted but evegflflgineedd -' ' In addition. both the C 00 and CPA for Paula Deen Enterprises told Ms. Jackson that she was t V qualified for a management position that would oversee both Lady & Son‘s Restaurant and >9 1 (fi Uncle Bubb' ’ ‘ but that "[Hiers and Paula Deen‘s brothers] would never allow a woman to tell them needed to do." These comments were frequent and established that her sex was preventing her from attaining a higher position within Paula Deen Enterprises. A pattern of gender discrimination like this not only violates Title VII but shows that sexual harassment could ,_3 e taking place within the company as well. a.— ym-L UjQ/Qi‘ We— (i553 asW , W Lora)“an an K , OZ . ‘ wow m own mike—n 49m, ba Hiers sexual y harassed Ms. Jackson 1n many mstances. HICI‘S down oaded and v1ew*d Q t pornography at work on Ms. Jackson’s office computer and on a kitchen computer on niultiple""‘\.0‘3h E I UJL I occasions. Jackson also received emails from Hiers's friends and family containing pornographng 49% in their shared business email address. In addition. Hiers printed and distributed pornography at a WWWJW 4W3 00W ml! :57 mm >4“ ...
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