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Jami was believed to complete her probation period of 90 days successfully with the company. The company or rather the firm was entitled to end their term of employment with her on the grounds of certain specific reasons. The initial six months of her employment proved to be good for her owing to the outstanding assessments regarding her work along with high admiration from her respective co-workers. Everything seemed to go on smoothly in the course of her employment with the Firm until she had fallen victim to sexual harassment by Mr. Clark who held the position of V. P. (Vice President) in the Firm. She learned to succumb to Mr. Clark’s sexual advances in the first place owing to the lucrative offer made by Mr. Clark and also to meet the expenses of an operation of a heart transplant that was required by Jami’s mother. However, the following day having realized her grave mistake she denied to comply with the sexual favors of Mr. Clark along with turning down the offer of becoming a V. P. of the Firm. Owing to the denial made by her Mr. Clark, Jami had to undergo severe unfairness on behalf of the firm in the form of a poor assessment that was made regarding her work. She was even deprived of a raise along with disapproval for leave that was needed for the reason of her mother’s surgery. Jami still went ahead with the leave and on her return, she found a move down in her position as a supervisor accompanied by a diminution in her pay which was cut down by half. These consequences proved ruined for her as she had to suffer emotional distress along with medical as well as psychiatric help. Filing a grievance with Equal Employment Opportunity Commission (EEOC) proved no help to her as the EEOC was unable to come to a settlement with the Firm which made Jami sue her Firm in Federal Court.
From the point of view of the Judge, a lucid charge of sex discrimination under Title VII of the Civil Rights Act of 1964 could be brought against the organization and Mr. Clark according to the definition of sexual harassment laid down under the 1964 Civil Rights Act. Sexual harassment is explained as unwanted sexual approaches, calling for any kind of sexual favoritism or even another kind of physical as well as vocal behavior that is sexual and which is made towards a particular employee under certain specifically stated situations. The conditions specified in this respect refer to compliance with such behavior that is kept as a condition as well as a term for the reason of getting an individual employed. The other condition or rather situation refers to the application of compliance or denial as the source directly related to decisions regarding employment, for instance, decisions regarding transfers, layoffs, promotions, and terminations. The other situation refers to the intrusion of such behavior about the performance of a particular individual. The last situation refers to such behavior that gives rise to threatening, aggressive, or unpleasant working behavior (The Legal Aid Society-Employment Law Center, “Discrimination and Harassment in Employment”).
From the above explanation, it can be inferred that the sexual harassment was made to Jami based on the second situation or condition where compliance or denial towards such behavior was made to make decisions regarding her promotion. Therefore, a case of sexual harassment against Jami Jensen was lucidly identified. It can be also stated in this respect that Disparate Treatment was identified in the case of Jami Jensen owing to her black origin. Therefore, both discrimination and harassment can be identified in this case (The Legal Aid Society-Employment Law Center, “Discrimination and Harassment in Employment”).