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Sexual Harassment in the Workplace - Term Paper Example

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The author of this term paper "Sexual Harassment in the Workplace" states that this memo evaluates the case of Beverly Sanger against Peter Fenning which was decided on 11th June. The case concluded that Fenning had acted grievously and created an offensive employment environment for Sanger…
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Sexual Harassment in the Workplace
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Download file to see previous pages The case involves sexual harassment done by an employee towards another employee who felt offended and intimidated at the workplace. In this case, there are many federal and NYS laws that can be applied. The New York State Department of Labor’s Policy Statement on Sexual Harassment is to ensure that all employees are provided with a work environment free from discrimination. It is a violation of section 703 of Title VII of the Civil Rights Act of 1964 and New York State Human Rights Law.
The New York State Human Rights Law consists of provisions which prohibit sexual discrimination, sexual harassment, and retaliation on such a conduct. The Title VII of the Civil Rights Act of 1964 and the amended Sections 102 and 103 of the Civil Rights Act of 1991 prevent sexual harassment, unlawful discrimination at the workplace, and the creation of an uneasy environment for other workers due to sexual harassment.
Under Title VII, it is the duty of the employers to promptly correct sexual harassment activities in the workplace and prevent them from taking place. An employer may not be responsible legally for the sexual harassment unless he has the knowledge of the activity. Thus, it is the duty and responsibility of the victims to inform their employers if any such harassment is being experienced at work. The New York State Human Rights Law states that the employees who create sexual harassment or a hostile working environment are personally liable under this law. The conduct need not be severe to be actionable under the law; it can rather be one instance only (Boland, 2005).
The EEOC defines sexual harassment: “it is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature”. ...Download file to see next pagesRead More
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