Bus 670: Legal Environment - Final Paper
Summary Paper
David Murphy
BUS 670: Legal Environment
Professor Michael Schindler
July 2, 2012 Summary Paper
Sexual harassment is always a legal topic in the work environment because the ramifications are so severe, but at the same time very abstract to describe what can constitute sexual harassment. This paper will take into consideration different elements of the law including Employment Law and cases tried before the U.S. Supreme Court. It will also offer suggestions for corrective action pertaining to the issue of sexual harassment in the workplace.
In corporate America, sexual harassment is a huge concern amongst many organizations. The matter of sexual harassment is an issue that needs to be immediately attended to in order for companies to avoid large costs associated with lawsuits stemming from allegations of being sexually harassed in the workplace. Sexual harassment is usually an immediate damage. According to Crucet et al. (2010), “sexual harassment can cause damage to a company’s representation, status, customers, as well as their proceeds”. Sexual harassment can be identified as any unwelcome sexual jesters or advances, request for sex, and/or any physical or verbal conduct that may be considered in a sexual nature. The legalities circling sexual harassment can be broken down into two particular categories. According to Crucet et al. (2010), “the first category is quid pro quo and the second one consists of a hostile environment”. The first category of quid pro quo (this for that) sexual harassment usually involves an employee and a supervisor because in most situations only supervisors have the power of hiring and firing an employee. It also “involves some express or implied linkage between an employee’s submission to sexually oriented behavior and tangible job consequences” (Mallor et al., 2010, p. 1328). An example of quid pro quo could be related to a supervisor telling his female employee that “if you do this sexual favor for
David Murphy
BUS 670: Legal Environment
Professor Michael Schindler
July 2, 2012 Summary Paper
Sexual harassment is always a legal topic in the work environment because the ramifications are so severe, but at the same time very abstract to describe what can constitute sexual harassment. This paper will take into consideration different elements of the law including Employment Law and cases tried before the U.S. Supreme Court. It will also offer suggestions for corrective action pertaining to the issue of sexual harassment in the workplace.
In corporate America, sexual harassment is a huge concern amongst many organizations. The matter of sexual harassment is an issue that needs to be immediately attended to in order for companies to avoid large costs associated with lawsuits stemming from allegations of being sexually harassed in the workplace. Sexual harassment is usually an immediate damage. According to Crucet et al. (2010), “sexual harassment can cause damage to a company’s representation, status, customers, as well as their proceeds”. Sexual harassment can be identified as any unwelcome sexual jesters or advances, request for sex, and/or any physical or verbal conduct that may be considered in a sexual nature. The legalities circling sexual harassment can be broken down into two particular categories. According to Crucet et al. (2010), “the first category is quid pro quo and the second one consists of a hostile environment”. The first category of quid pro quo (this for that) sexual harassment usually involves an employee and a supervisor because in most situations only supervisors have the power of hiring and firing an employee. It also “involves some express or implied linkage between an employee’s submission to sexually oriented behavior and tangible job consequences” (Mallor et al., 2010, p. 1328). An example of quid pro quo could be related to a supervisor telling his female employee that “if you do this sexual favor for
References: Mallor, J.P., Barnes, A.J., Bowers, T., & Langvardt, A.W. (2010). Business Law: The ethical, global, and e-commerce environment (14th ed.) "Tony" Cabassa, L.. (2010). Employment Law and Litigation Committee: Covering All Legal Issues Related to the Employment Relationship 2011, from Research Library. (Document ID: 2271069871). "Tony" Cabassa, L.. (2011). DEFENDING AN ALLEGED WORKPLACE HARASSER. The Brief, 40(2), 45-53 ID: 2271069951). Crucet, C., Graells, J., Cabral, S., & Lane, S.. (2010). SEXUAL HARASSMENT IN THE WORKPLACE and Regulatory Issues. Proceedings, 14(1), 16-20. Retrieved June 2, 2011, from ABI/INFORM Global Tyner, L., & Clinton, M.. (2010). SEXUAL HARASSMENT IN THE WORKPLACE: ARE HUMAN RESOURCE PROFESSIONALS VICTIMS? Journal of Organizational Culture, Communication and Conflict, 14(1), 33-49. Retrieved June 2, 2011, from ABI/INFORM Global Das, A.. (2009). Sexual Harassment at Work in the United States. Archives of Sexual Behavior, 38(6), 909-21 ID: 1918557551).