Inappropriate Behavior in the Workplace
Inappropriate Behavior
What civil rights laws may prohibit Marwan’s conduct with his fellow co-worker?
“The definition of sexual harassment stated in the EEOC Guidelines and accepted by the U.S. Supreme Court is “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” which implicitly or explicitly make submission a term or condition of employment; make employment decisions related to the individual dependent on submission to or rejection of such conduct, or have the purpose or effect of creating an intimidating, hostile, or offensive environment (Kubasek, 2009, p. 600).”
Do those laws apply to his conduct toward the park guest?
Yes, they do insomuch as his unwanted sexual advances created an “intimidating, hostile, or offensive environment (Kubasek, 2009, p. 600).” Sexual harassment can be claimed by someone other than the person being harassed, and “…could be anyone affected by the offensive conduct (EEOC, nd).” When investigating charges of sexual harassment, the EEOC takes circumstances and context into account and therefore a well-documented pattern of behavior will aid a case against an abusive employee, whoever the abuse is directed at (EEOC, nd). Sexual harassment laws view the incident from the mindset of the victim, not the harasser, and therefore the attention being intended as complimentary rather than offensive is an invalid defense. In Ellison v. Brady (9th Circuit Court of Appeals, 1991), the court rejected the ‘reasonable person’ standard as being male-biased and found that “if a "reasonable woman" would find the conduct severe and pervasive enough to alter the terms and conditions of employment such that an offensive environment was created, then sexual harassment can be found (Schickman, nd).” However, since the employee is not in a position of authority over the park guests, he may not be liable for creating a hostile or intimidating environment even though there was unwanted physical
What civil rights laws may prohibit Marwan’s conduct with his fellow co-worker?
“The definition of sexual harassment stated in the EEOC Guidelines and accepted by the U.S. Supreme Court is “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” which implicitly or explicitly make submission a term or condition of employment; make employment decisions related to the individual dependent on submission to or rejection of such conduct, or have the purpose or effect of creating an intimidating, hostile, or offensive environment (Kubasek, 2009, p. 600).”
Do those laws apply to his conduct toward the park guest?
Yes, they do insomuch as his unwanted sexual advances created an “intimidating, hostile, or offensive environment (Kubasek, 2009, p. 600).” Sexual harassment can be claimed by someone other than the person being harassed, and “…could be anyone affected by the offensive conduct (EEOC, nd).” When investigating charges of sexual harassment, the EEOC takes circumstances and context into account and therefore a well-documented pattern of behavior will aid a case against an abusive employee, whoever the abuse is directed at (EEOC, nd). Sexual harassment laws view the incident from the mindset of the victim, not the harasser, and therefore the attention being intended as complimentary rather than offensive is an invalid defense. In Ellison v. Brady (9th Circuit Court of Appeals, 1991), the court rejected the ‘reasonable person’ standard as being male-biased and found that “if a "reasonable woman" would find the conduct severe and pervasive enough to alter the terms and conditions of employment such that an offensive environment was created, then sexual harassment can be found (Schickman, nd).” However, since the employee is not in a position of authority over the park guests, he may not be liable for creating a hostile or intimidating environment even though there was unwanted physical
References: http://openjurist.org/682/f2d/897/henson-v-city-of-dundee Kubasek, Nancy (2009), Legal Environment of Business (5th ed)