ECE _DSST _ Human Resource MGMT

The vocational rehabilitation act does not require

Info icon This preview shows pages 21–23. Sign up to view the full content.

View Full Document Right Arrow Icon
The Vocational Rehabilitation Act does not require employers to hire or retain a disabled employee if he or she has a contagious disease. Any employee with such a disease could pose a health and safety threat to fellow employees and customers. As the main antidiscrimination laws do not include federal agencies, protection has instead been afforded via Executive Order 11246. Federal agencies and government contractors with contracts exceeding $10,000 must comply with this order which disallows discrimination based on race, color, religion, national origin and gender in employment matters. The two types of sexual harassment that are unlawful under Title VII of the Civil Rights Act 1964 are quid pro quo harassment and hostile environment. Hostile environment describes harassment where unwelcome sexual conduct affects the job performance of the victim or creates an unpleasant and offensive working environment.
Image of page 21

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Quid pro quo sexual harassment occurs when the agreement or refusal of sexual advances forms the basis for employment decisions. Quid pro quo sexual harassment and is clearly illegal under the Act. The Fair Labor Standards Act (1938) legislates on wages and overtime payments, child labor and equal rights. This was to stop the use of child labor aged 16 to 18 in dangerous occupations such as mining and logging. Children under 16 cannot work for any organization engaged in interstate business unless it is not dangerous and performed for a parent or guardian or under a temporary work pass issued by the Department of Labor (DOL). One of the types of sexual harassment is quid pro quo--a superior threatens an employee with the loss of a job benefit or a change in work conditions unless he/she submits to the superior's sexual demands. This is called quid pro quo, which means "this for that." Quid pro quo harassment can include a woman being fired because she ends a romantic relationship with her boss, an employee being denied a promotion for refusing sexual relations with a superior, etc.. Hostile Environment sexual harassment is where unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature create an intimidating, hostile, or offensive working environment. This is known as "work environment" sexual harassment. The other type is quid pro quo sexual harassment. The EEOC (Equal Employment Opportunity Commission) has issued guidelines on sexual harassment, and holds employers strictly liable for both types of harassment when higher-level managers knew about it and did not take corrective action. To win a sexual harassment case, a plaintiff does not need to prove that job performance was impaired. He only needs to prove that working conditions were altered in a discriminatory way. This was established as a result of Harris v. Forklift Systems, Inc..
Image of page 22
Image of page 23
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern