Sexual harassment is considered as an unsolicited Behavior is the critical word. Thus, Unwelcome does not mean "involuntary." Thus, a victim may consent or agree to certain demeanor and actively participate in it even though it is offensive and objectionable. Therefore, sexual conduct is unwelcome whenever the person subjected to it considers it unwelcome. Whether the person in fact welcomed a request for a date, sex-oriented comment, or comic story depends on all the Circumstances.
• Describe the two main defenses that can be used in the event of a discriminatory practice allegation and exactly what they involve.
First of all employers cannot hide behind collective bargain agreements; equal opportunity laws dominate union contract agreements. Secondly, firms should react by agreeing to eliminate an illegal practice and by making the people discriminated against compensating.
• Describe the difference between disparate treatment and disparate impact.
Disparate treatment, in the employment context, refers to when a person is treated in a different way from others. Therefore, the different treatment is based on one or more of the protected factors and the different treatment is intentional. On the other hand, disparate impact" is a legal theory for proving unlawful employment discrimination. In addition, disparate impact is the idea that some employer practices, as matter of statistics, have a greater impact on one group than on another.
Reference
Dessler, G. (2011). Human resource management: 2010 custom edition (12th ed.). Upper Saddle River, NJ: Prentice Hall-Pearson.
Preventing Sexual Harassment (BNA Communications, Inc.) SDC IP .73. 1992