Inappropriate Behavior in the Workplace - Assignment Example

Inappropriate Behavior in the Workplace By What civil rights laws may prohibit Marwan’s conduct with his fellow co-worker? Do those laws apply to his conduct toward the park guest? Explain both answers. Civil rights seek to protect people from any unlawful treatment by the government or private individuals. Civil rights prohibit any form of sexual harassment of a person, whether make or female, regardless of the place they are in. civil rights are a class of rights seeking to protect people from infringement by the government or private organizations (Achampong, 1999). They ensure that one participates in the civil life without any form of discrimination or repression. Marwan committed two crimes, sexually harassing the colleague and sexually harassing a person based on her genre. Legally, a person engaging in any form of sexual harassment violates Title VII of the Civil Rights Act of 1964. According to the Civil Rights Act, sexual harassment is any form of unwelcome sexual advances, sexual favor requests, and other physical or verbal conduct of a sexual nature. According to the law, sexual harassment is a crime that warrants for legal action (Achampong, 1999). Not only is it a moral wrong, but also an unethical form of treatment towards an individual. The law seeks to protect all people from any unwelcome form of sexual treatment from their colleagues, either at the workplace or in social places (Slauter, 2003). When submission to or rejection of these advances explicitly or implicitly affects an individuals employment, or even unreasonably interferes with the work, or creates an unfavorable working condition, this is regarded as a form of sexual harassment. The law applies in both cases, to the female guests and to the employee. Sexual harassment takes place at the work place, where Marwan sexually harassed the colleague. Further, his actions of grabbing a colleague’s breast was extreme audacity, an indication that he neither had respect for females in the organization, in addition to having an arrogant behavior. By threatening to get the colleague fired, Marwan must have negatively affected her performance. Additionally, it must have been a source of stress to the women. On the other hand, he engaged in gender discrimination by taking advantage of women guests in the theme park and holding their backs. Did Marwan commit sexual harassment? If so, what type? Explain your answers and the terms you use. Sexual harassment, defined in the code of ethics as any form of unwelcome sexual advances towards an individual could be physical, verbal or non-verbal conduct of sexual nature towards an individual in the work place. In most cases, sexual harassment directly or indirectly interferes with the victim’s performance at work, while in other instances; it creates an intimidating, hostile, or offensive work environment. In most cases, t affected person cannot work comfortably, especially in the presence of the offender. However, sexual harassment, being an implied form of sexual misconduct towards another individual, is a crime that warrants legal action. Marwan, by grabbing the breast of his fellow workmate and placing his hands on female guests’ behind are sexual offences he committed in his line of duty. Effects of sexual harassment vary depending with the individual, the severity and the duration of the harassment (Slauter, 2003). By grabbing his colleague’s breast, Marwan committed a sexual annoyance offence. This is a demeaning and unwelcome sexual behavior, in most cases regarded as offensive, hostile or intimidating to the victim. It has no connection to job benefits of the victim. As the behavior creates an offensive working environment to the victim, denying the victim peace and comfort, it affects the victim’s performance while to the extreme affects the ability of the victim to continue working. Further, by threatening the colleague that he would get her fired in case she did not go on a date with him on the other hand was a form of Sexual coercion towards the victim. Sexual coercion is a form of sexual harassment, which directly affects the victim’s employment. Threatening to get her fired in case she did not go on a date with him, Marwan implied that it was only through the date that she could keep her job. What is the legal nature of Marwan’s employment? Explain your answers and the terms you use. There are three types of employment terms, the permanent employment terms, the contract employment terms and the casual employment terms (Bernhard-Oettel, et al., 2005). While a permanent employment terms the employee works with no end date apart when it is necessary, a contract job is where an individual signs an agreement with a company or firm to provide his/ her services to the organization for a particular period. It is possible to renew contract employment contracts with the agreement between the employer and the employee. The main difference between contract and permanent employment terms is that while the permanent employee enjoys employment terms such as allowances such as house allowances and medical allowances, contractual employees do not enjoy these benefits (Bernhard-Oettel, et al., 2005). However, the employee and the organization should sign contracts in the two. Marwan on the other hand did not have any form of a contract with the Studio Five Theme Park. He was a casual employee to the company, where he received his payment on wage basis for the services rendered to the park. Legally, Mr. Marwan did not have any form of employment relationship with the company. The law stipulates that for an individual to have any form of employment, he should have a signed agreement with the organization, absence of which there is no form of employment. As casual employment does not require any form of documentation, then there was no employment between the organization and Marwan. In the presence of an employment contract, the law offers protection to the employee under the labor laws of the country. The law does not allow for unprecedented and abrupt termination of an employment contract. Further, whether on contract terms or permanent employment contracts, an individual has the freedom of joining labor unions, which casual employees cannot (Bernhard-Oettel, et al., 2005). As such, there was no form of employment between the studio and Marwan. Subsequently, the immediate termination of his contract did not have any legal implications on the studio or its management. He could not sue them for unlawful dismissal from, work. It is also important to understand that there are oral contracts, which the law regards as abiding between the employee and the employer. If by agreement, Marwan was to provide his services to the studio for a particular period, verbally agreed between them, then he had the right to seek for damages. However, there was no contractual agreement, written or otherwise between Marwan and the Studio, thus making him a casual worker. This means that he had no employment with the studio as he could decide not to work with the studio whenever he wished and suffer no legal implications. This is however not the case with the permanent employment and contractual employment contracts as the employee has to pledge allegiance and loyalty to the organization at all times. What actions and steps should Studio Five take against Marwan? Explain what actions you considered and why you either recommend them or reject them. Sexual harassment is a crime as any other sexually related offense and requires that the affected individual seek for legal damages. Subsequently, Studio Five had the right to sue Marwan for sexually harassing one of its employees. Further, investigations against his activities reveal that he not only sexually abused the colleague, but also was also involved in indirect sexual harassment of the female guests. Marwan’s behavior towards the female guests implies lack of professionalism and unethical behavior of an employee. Studio Five should understand that the misconduct of one of its employees could affect its performance, especially if directly related to its customers. Customers want respect and professionalism. Nobody wants to do business with an organization whose employees have no respect for his or her morals and privacy (Backhouse, 2012). By Marwan, placing his hands on female guests’ behind in it is a sexual harassment. If such guests’ felt offended with his behavior, there is a high likelihood that they would never visit the Studio another time. Additionally, they could spread negative information to the people, which would portray the organization as unconcerned with its customers. In a business environment characterized by high competition rates, increased customer awareness and a high demand for organizational image and brand name, employees play a big role in achieving these qualities. By treating customers politely, with integrity and high moral standards, organizations gain a competitive advantage over its competitors. On the other hand, the behavior of Marwan could considerably lead to the loss of the brand name, low customers and reduced profitability. Investigating whether the guests whom had been victims of Marwan’s sexual harassment ever returned to the studio would mark the beginning of identifying the extent to which Marwan’s behavior affected the company’s performance. This would mark the beginning of analyzing the impact of employee misconduct to the negative performance of the organization. Despite the fact that of the guests he placed does not imply that none was offended. If anything, they must have felt too embarrassed to extremely taken aback that they could not lodge complains. Subsequently, the organization should ensure that it has adequate information on the impact this behavior had on its clients. The results of the investigation would help Studio Five in seeking for legal damages against Marwan. The studio should have not only fired Marwan, but also sought legal action against his misconduct. However, Studio Five could consider a general punishment such as deduction of certain perquisites available to the employee. This way, the employee would know that his behavior negatively affected the performance of the organization (Backhouse, 2012). It would also be a lesson to the employee that his misconduct is to the detriment of the entire organization. Suing the employee is the best way of dealing with the problem. However, the organization should conduct an analysis of the costs and benefits of suing the individual. There is a high likelihood of the court awarding the studio damages for his behavior. However, being a casual employee, Marwan could be incapable of settling these damages. The only option would be providing his services to the organization until he makes good his damages. Again, this could affect the performance of the organization, as there is no guarantee that the employee would stop his actions of sexually harassing guests and colleagues. The civil rights law points out that the range of damages in such a case varies between $50,000 to $ 300,000 as per the terms and conditions. The company can sue the employee for hurting the reputation of the company. As payment of such amount of money would take a long time, the company would best solve the problem by terminating the contract and advising the colleague to sue for damages. This way, the company would save its image. Finally, Studio five should identify female guests who had been victims of Marwan and apologize for his misconduct. Studio Five should make it known to the guests that it does not allow such behavior from its employees, encouraging them to raise the issue any time. Discuss Marwan’s allegation that he is being discriminated against based on his disability and what response Studio Five may have to that allegation. What would each of them have to prove in court? The Americans with Disabilities Act (ADA) prohibits discrimination of people with any form of disability in various areas such as the employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. For one to receive protection through the ADA, one must have a disability or have a relationship or association with an individual having a disability. According to ADA, a disabled person is one who has a physical or mental impairment, which considerably limits one or more major life activities. Further, it defines a disabled person as one who has a history or record of such impairment, or a person generally perceived by others as having such impairment. Marwan’s allegations that the termination of his work with Studio Five was a result of his disability have no legal basis. Despite the fact that his prosthetic leg qualifies him as a physically disabled person, nobody realized of his condition. The leg did not have any implications on his performance of his job as swash-buckling pirate character. If the management was not aware of his condition, and that he had never reported to the right people that he suffered from prosthetic leg, he had no legal right to make such allegations. If anything, Marwan should have made it clear that he was a physically disabled person. If nobody could have noticed about his condition, the studio as a physically disabled person could not have regarded him. Further, the condition had no effect on his performance in the job, a reason why nobody could have noticed. Marwan should have realized that the studio management terminated his contract immediately after the female colleague reported his misconduct. This means that were it not for his sexual misconduct, Marwan would still be an actor at the theme park. Even if he sued for damages and wrongful allegations, the studio could prove to the court that it was Marwan’s mistake that nobody was aware of his condition. This means that he would lose the case. Further, he would incriminate himself, as the female colleague would raise the issue of his threats and sexual harassment. The pictures Marwan posed with female guests in the park would act as further evidence that he actually committed sexual offences. If the female employee sues Studio Five Theme Park, what defenses can Studio Five use? Are they liable for Marwan’s conduct even if they were unaware of and did not approve of Marwan’s actions? Explain your answers and the terms you use.  If the female employee were to sue the studio for damages, the studio could hold that Marwan was not part of its staff. The fact that he was not on the payroll as either on contract or permanent terms would give the studio a tight case against the suit. Although he worked in the theme park, he did not have any contract binding him with the organization. Subsequently, being a casual employee, to some extent, he was not a liability of the company. He acted on his capacity. Alternatively, the studio could argue that Marwan was an individual associated with the company, but whose actions did not bind him with the organization. Even if they were aware of Marwan’s actions, they were not liable for his misconduct to some extent. It is important to understand that a contract is the only legally binding agreement that could incriminate the Studio for negligence. As there was no contract, the argument would hold that Marwan was an independent person who acted individually and whose actions did not abide with the company. If Marwan was a member of a union that had a collective bargaining agreement with Studio Five, would that change any of your previous answers? Had Marwan been a member of a union that had a collective bargaining with Studio Five, there would be a number of changes in the answers provided previously. For instance, Marwan would have had better terms of employment with the studio. One of the main roles of labor unions is lobbying for better terms of employment for the members. As such, the union could have negotiated for better employment terms for Marwan, thus winning him some form of contractual terms of employment. Additionally, Studio Five would not have had dismissed Marwan immediately after the colleague reported his misconduct. Instead, through the union, Marwan could have received a reasonable punishment other than immediate dismissal. Labor unions lobby for better treatment of their members by their employees. Hence, they would have protested against the dismissal of their member. Finally, if Marwan belonged to a union of disabled persons, he could have received better treatment especially due to his condition. In fact, since the Americans with Disabilities Act (ADA) requires that organizations with at least 15 employees employ a disabled person, this position could have belonged to Marwan, thus becoming a permanent employee of Studio Five. What types of company policies, procedures, and actions should businesses employ to avoid harassment of their employees? It is the responsibility of organizations to avoid any form of harassment of their employees by drafting policies, procedures and actions to either prevent or deal with these incidences whenever they happen. Businesses should implement sexual harassment policies that criminalize the offence, with harsh consequences in case an individual breaks them. The advantage of having policies is that all employees will have knowledge of their existence, and due to the fear of the repercussions, they rarely would risk perpetrating these crimes. There should be a proper procedure of analyzing cases of harassment among the employees. In case of a complaint, there should be a department put in place to investigate the allegations. The department would also develop and implement disciplinary measures for individuals accused of indulging in any kind of sexual harassment. Actions taken include warning letters, disciplinary action such as probation and to the extreme cases termination of people accused of sexually harassing others. References Achampong, F. (1999). Workplace sexual harassment law: Principles, landmark developments, and framework for effective risk management. Westport, Conn. [u.a.: Quorum Books. Backhouse, C. (2012). Sexual Harassment: A Feminist Phrase That Transformed the Workplace. Canadian Journal Of Women & The Law, 24(2), 275-300. Bernhard-Oettel, C., Sverke, M., & De Witte, H. (2005). Comparing three alternative types of employment with permanent full-time work: How do employment contract and perceived job conditions relate to health complaints?. Work & Stress, 19(4), 301-318. doi:10.1080/02678370500408723 Slauter, J. M. (2003). Sexual Harassment in the Workplace: Examining Title VII and the Elliott-Larsen Civil Rights Act. Womens Legal F. & Gender Rev., 1, 1. Dale, C. V. (2005). Sexual harassment and violence against women: Developments in federal law. New York: Nova Science Publishers. Read More