Retrieved from https://studentshare.org/human-resources/1665416-employment-business-law
https://studentshare.org/human-resources/1665416-employment-business-law.
Employment business law Employment business law Case one In a way, the airline was liable for the sexual harassment to the flight attendant. The rape of the coworker occurred in a work environment according to Title vii of the 1964 civil rights act and the New York State human rights law. The law violated in this case is the law against sexual harassment of any kind to a co-worker. The airline is responsible for renting hotel rooms for its workers as opposed to them going home at the end of a working day.
This mostly happens when the attendants are in a foreign country. Though the airline does not recommend how their workers should spend their off hours from duty, the fact that the airline did not act from the previous cases of sexual harassment proves their liability in this case. Other New York torts of negligent hiring, retention and supervision of employees find the employer liable. Though the hotel rooms were not a property of the airline, the fact that they rent the hotel rooms for their employees proves their liability (England, 2012).
Case two It is evident that the woman was discriminated against because of her faith. Everyone has a right to worship in a religion of his or her wish and this should not be resulted into discrimination by others who do not believe in that religion. Thus, the court should decide that the company compensates the woman and gives her the job back. The reason is the manager and assistant manager of the store discriminated against her due to her Wiccan faith. They violated the law of religious discrimination and work situations in the title VII of the civil rights act of 1964.
It states that under no circumstances should a worker be discriminated against in any aspects of hiring, pay, firing and any other aspects of employment. The manager terminated her job that inconvenienced the woman in question. It is important for an employer to give their employees a reasonable notice of termination. The fact that the store manager never formally disciplined the woman for her wearing the Wiccan medallion showed that there was nothing wrong with it. However, they had to terminate her for allegedly missing a scheduled day at work that she was not aware of.
The action was a way of eliminating the woman from the store due to her Wiccan faith. ReferencesEngland, D. (2012). The essential guide to handling workplace harassment & discrimination. Berkeley, Calif: Nolo Publishers.
Read More