You Decide - Case Study Example

Gender Discrimination and Sexual Harassment Case On Pollard: Memo on Teddys Supplies CEO advising him on the sexual harassment cases:The facts of this case include the following: Pollard was sexually harassed and discriminated by the supervisors, and this was in various means. The demotion that saw led to the posting to a position filled with men indicated the discrimination in role-play that exposed her to situations risking her being harassed by other employees. The involvement of the supervisor among the people harassing her created the fear in her with regards to reporting the issue.

The proceeding considered that Pollard was harassed and awarded damages that were involved back wages too. The New Jersey Commission on Human Rights considered the fact that she had been a victim of sexual harassment. On the other hand, the circuit that Teddy appealed to overturned the ruling with claims that Pollard had failed to report the case earlier and that the discipline given to Pollard was deserved. The circuit court offered that Teddy reinstates Pollard in which Pollard appealed and refused the offer.

The company under the Civil Rights Act is liable to protect its employees from sexual harassment. The organization is liable to ensure that all employees obtain the necessary education on these acts and have an environment that favors their ability to report such cases in a manner that may not jeopardize their life in the organization. The company is liable for the actions of their employees if they fail to take actions on them these include the actions of the supervisors in perpetrating or condoning the act.

The worst-case damages to Pollard that could be imposed on the organization would include the back payments that the employee requires plus the inclusion of jail term to the employees involved. One of the most prominent rewards in sexual harassment included the case against President Bill Clinton and Paula Jones. In this case, Paula Jones was rewarded damages of $850000 short of an apology as prescribed by law (Fablo). These indicate how heavy the damages may prove in sexual harassment cases.

Q2:Title VII, as applied in the Civil Rights Act, adopted in 1964 aims at protecting employees against any form of discrimination at the workplace. The Act covers sexual discrimination, discrimination on a racial basis, religion origin, or color. In the case scenario presented, Title VII would apply in consideration of the facts including the sexual harassment that Pollard suffered at work. According to the Act, the discrimination in relation to sex or gender of an employee is well described with various cases having set precedence in the field (Twomey, p.431). Q3:A number of cases have set precedence for sexual violence cases related to the Title VII Civil Rights Act legislative developments.

In all these cases, the court proves the need to have the employer protect the employees from any form of sexual harassment and ensure that better regulations and implementation measures exist to cover these acts. The employer needs to have sexual harassment cases considered gravely to ensure total eradication and prevention of the act at the workplaces. Cases existent in this field include the major cases of sexual harassment ranging from the U.S Supreme Court case on Meritor Savings Bank v.

Vinson, Oncale v. Sundowner Offshore Serv., Inc. (1989) case among other cases. Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986):The facts of this case included the following: The case involved a former employee of the bank who sued the bank and the immediate supervisor with claims of having sexually harassed in relation to the Title VII in relation to Civil Rights Act of 1964. The respondent was seeking a relief of injunctive nature and compensation of damages caused. During the case, it was held that the respondent and the work supervisor were engaged in a sexual relationship that rendered the sexual participation for both voluntaries.

The case was appealed to the court of appeal that reversed the ruling and remanded. In this case, the court of appeal declared that any harassment that involves provision of work favors results to sexual harassment and harassment that creates hostility in the working environment amounts to violation of the Title VII (Findlaw). In the same case, the court held that the employer is liable for the sexual harassment act in relation to the acts of their supervisor. Relating this to Pollard’s case, one discovers that the employer is liable for the actions of the supervisor. Oncale v. Sundowner Offshore Serv., Inc. (1989):The law oozes much authority in dedicating its efforts towards correcting the wrongs in society.

In the case mentioned above, the claimant Oncale filed for sexual harassment that he claimed fellow work mates had subjected him to against his employer Sundowner Offshore Services. According to this claim, there was a constitution of discrimination on basis of sex that is vividly prohibited by the Civil Rights Act of 1964 as per the Title VII. The District Court in this case held that the Title VII aspect did not apply to same-sex situations leading to a development of further cases to cover these actions.

According to the case Newport News Shipbuilding & Dry Dock Co. v. EEOC case of 462 U.S. 669 adding to other cases such as Castaneda v. Partida 430 U.S 482. These cases aimed at revealing more on same sex harassment and dwelt on the aspect of sexual harassment in relation to Title VII. Such cases consider the conditions under which the claimant was harassed and provide the evidence available to the court for a determination of any ruling. Relating this to Pollard, the ability to prove the conditions in the court of appeal would lead to the consideration of all factors considered.

Q4:The consideration of the systems of communication that the organization has put in place to cater for the sexual harassment aspects aims at gathering the necessary information needed by the employer to deal with sexual harassment cases. The existences of the loopholes in the company’s systems that deal with the collection of data provide an advantage that the employees including Pollard took advantage of in her case. The company needs to improve their website access abilities and ensure a proper recording system that gathers the information and stores it for future use.

The employer needs to consider a system through which the employees have access to the website on a regular basis during their working hours to improve the chances of having the information passed. Provision of a secure system that links cases of grave nature directly to the employer would also provide confidence in the employees’ hence gathering information. The last recommendation includes the provision of training for each employee on the website and approaching sexual harassment cases. These bolster the confidence of the employees leading to better chances of reducing the crimes.

Some matters need passing information to the people to create the necessary awareness in the work environment. Few employees may not understand the implications of their actions especially in relation to conduct and speaking. In the case of Bowman v. Heller in which an employee that had a disliking for one female employee faced a court case in relation to their speaking that may have looked a simple approach. Q5:Hiring a female representative would affect Pollards case. In this scenario, the company proves their innocence and break the picture of a gender-biased organization since the replacement would be of the same gender.

In case the female replacement complained of the same treatment, it would provide prove of a habit that is perpetual hence more evidence to Pollard’s case. Work cited:Cases from Find Law:Meritor Savings Bank v. Vinson et al, 477 U.S. 57 (1986). Certiorari to the united states court of appeals for the district of Columbia circuit. No. 84-1979.Oncale v. Sundowner Offshore Serv., Inc. (1989). Syllabus v. certiorari to the united states court of appeals for the fifth circuit. No. 96-568. Other Sources:Fablo, Michelle.

Five Biggest Sexual Harasment Cases. Legal zoom. Viewed on April 09, 2015 from https://www.legalzoom.com/articles/five-biggest-sexual-harassment-casesTwomey, David. Labor and Employment Law: Text & Cases. Cengage Learning. 2012.