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Elizabeth Larson CourseProject
There are many aspects to human resources, one of which is handling harassment or discrimination claims which come in various forms. Such cases must be handled delicately and promptly, this way the Equal Employment Opportunity Commission (EEOC) is not involved and the case in handled internally rather than externally. According to the U.S. Department of State, (Discriminatory Harassment Policy), “Employees must not harass anyone because of race, color, gender, national origin, religion, physical or mental disability, sexual orientation, or because the person is 40 years old or older”. Many companies have a zero tolerance when it comes to discrimination or harassment. Discrimination or harassment can have many faces and can vary from minor to severe, if sever enough it can lead to a lawsuit, costing a business several thousand dollars, if not more. Various forms of discrimination will be covered, including a current bill pending with Congress to help deter discrimination.

Q1: “What must a person who is claiming they were harassed in the workplace allege in order to first state a case with the EEOC for each of the following types of harassment?”
Sexual harassment – quid pro quo.
In quid pro quo, the person filing a claim must prove the employer has used their authority (supervisor, manager, etc.) to make decisions of employment actions in exchange for sexual favors from the employee/applicant. This can be sexual favors in exchange for “job benefits, promotion, employment, salary increases, shift or work assignments, performance expectations and other conditions” (Quid Pro Quo Sexual Harassment). This is a form of sexual harassment but differs in that it typically means a sexual favor is being offered and/or requested in order to gain something from it, like a promotion or pay raise. This is considered an abuse of power and can be a violation of tort law. To prove this, you must prove that “you belong to a protected group; you were subject to unwelcome sexual



Bibliography: Coverage. (n.d.). Retrieved March 15, 2015, from http://www.eeoc.gov/employers/coverage.cfm Discriminatory Harassment Policy Fair Employment and Housing Act (FEHA). (n.d.). Retrieved March 13, 2015, from http://www.dfeh.ca.gov/Publications_FEHADescr.htm Harassment Immigration Reform and Control Act of 1986 (IRCA). (n.d.). Retrieved March 16, 2015, from http://www.uscis.gov/tools/glossary/immigration-reform-and-control-act-1986-irca Lea, D ODEP - Office of Disability Employment Policy. (n.d.). Retrieved March 15, 2015, from http://www.dol.gov/odep/pubs/fact/ada.htm Precept Standard: Why You Need Written HR Policies, Eight Tips for Effective New Hire Orientation Quid Pro Quo Sexual Harassment. (2007, April 15). Retrieved March 8, 2015, from http://www.stopvaw.org/quid_pro_quo_sexual_harassment Roberts, A Sex Discrimination - FAQs. (n.d.). Retrieved March 12, 2015, from http://www.eeoc.gov/youth/gender2.html#Q7 Sexual Harassment Claims Sexual Harassment. (n.d.). Retrieved March 11, 2015, from http://legal-dictionary.thefreedictionary.com/sexual harassment Title VII of the Civil Rights Act of 1964 | HR Topics for human resources Vance v. Ball State University. (2012, October 1). Retrieved March 17, 2015, from http://www.supremecourt.gov/opinions/12pdf/11-556_11o2.pdf What You Need to Know About Employment Law Williams, E. (n.d.). What Is Legally Considered Religious Harassment in the Workplace? Retrieved March 11, 2015, from http://work.chron.com/legally-considered-religious-harassment-workplace-11817.html Workplace Fairness Workplace Fairness. (n.d.). Retrieved March 12, 2015, from http://www.workplacefairness.org/raceharassment#1

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