The discrimination in the United States that was based on color, religion and race was brought to an end by the Civil Rights Act of 1964 that was amended and given powers to help in the distribution of facilities equally to the citizens. The powers were to help in the reinforcement of the law to help protect the employers from all ways of being discriminated.
What civil rights may prohibit Marwan’s conduct with his co-worker? Do those laws apply to his conduct toward the park guest? Explain both answers.
In the title VII of the Civil Right Act, 1964 it prohibits Marwan’s conduct. In this Act every worker is protected from any kind of discrimination and it applies to local and nationally employees. For this law it does not leave outside as long you are legally employed by the company, it’s there to protect its workers in all ranks. Every company or an organization with employees up to 15 or more must follow the law, the law has helped so much in equal distribution of resources due to the protection of individuals from discrimination. This is because of many cases that have reported which led into the establishment of the law and it protects everyone in workplaces with also the new applicants (MacKinnon & MacKinnon, 1979). As the law states “No employer can take recruitment decision solely by the origin of the applicant and no favoritism when promoting any worker”. According to the above the law no employer should assign an employee as stated, no way of coming up with remuneration of the employees as stated and also no favoritism based on disability (MacKinnon & MacKinnon, 1979). For the law passed is to guard the employees against being harassed because of gender, origin, color and caste. According to the law it will be unlawful to separate workers in any manner as this will affect their employment opportunities.
In the case park of guests, the civil right law applies. “This is because some employees have been given remarks precisely females that it could be okay and fine to look into his behavior going against the law as per the title VII of the Civil Rights Act, 1964 (Woods & Kavanaugh, 1994). Some employees are referring to him as a discriminator more especially to females due to the harassment making some to leave work. In two ways Marwan is found guilty by harassing females sexually. First, by having intentional contacts with their bodies and second by asking them for a date if not so they get fired. From the above two examples of harassment they are unacceptable under the civil rights act of 1964, Title VII.
Did Marwan commit sexual harassment? If so, what type? Explain your answers and the terms you use.
For instance, the employee will be harassed if the employer passes remarks that are not good to the workers.” This results in the situation when the employee is not comfortable with the working environment with so much mental stress, hence this is led by the sexual harassment” (Carr et al. 2000). Employees are protected from such behavior from unethical and intolerable employers, as the law does not allow this. The law also states that no employer should fight back any employee who has put judges on him according to the law. Marwan committed sexual harassment, first through body contact he did it by touching breast and other body parts of a female employee and the two instances fall under the law of sexual harassment (Carr et al. 2000). According to the law this prohibited and unacceptable, this because of creating an unconducive environment for workers further it leads to poor performance (Woods & Kavanaugh, 1994). No discrimination from the employee to the employer based on sex according to the civil right law and this issue of sex is quoted under the clause of sexual harassment. Sexual harassment can be categorized into two ways, one is to give back in favor of employment and two is where an employee creates an unfavorable working environment for his workers making it very hostile for them. In this category of the working environment it’s made from remarks that are disturbing sexually in nature and this result to poor performance from the workers.
What is the legal nature of Marwan’s employment? Explain your answers and the terms you use.
Keenly when we look at the case Marwan has not been employed by the company and either no contract offered to him. A person will only be considered to be an employee of a company if there’s a contract binding them and the law comes in to give protection if there’s a contract. An employee will be under protection even when there’s no employment written contract. But Marwan employment by there was not legal hence it’s a case for him after mistreating the employees (Carr et al. 2000). The relationship between an employee and the company arises when there’s legal contract whether written or Oral. According to the law an employee is a person employed legally by the employer, apart from the above definition people who have been chosen to be the best in an office and recognized or a person selected in his team or elected to make policies, agreement and consultations in the office in exercising its legal rights (MacKinnon & MacKinnon, 1979). The definition will cover the U.S citizens employed in different areas as it does not include member’s civil laws from any government authority hence there’s no legal employment of Marwan and the company. Working for the company maybe he has been their work for some time because it can recognize him and labor laws apply now.
What actions and steps should studio five take against Marwan? Explain in what actions you considered and you either recommend them or reject them.
Disciplinary action should be taken against Marwan accompanied by the claims forwarded by the female workers about sexual harassment to be investigated and the employer will take action to discipline Marwan. The company can sue Marwan for the damages he has caused such as the fee amount paid for the case, and the amount ranges from $50,000 to $300,000 and terms and conditions apply according to how the person has made the company incur a huge loss in its business (Carr et al. 2000). The company can also accuse the employee damaging its reputation in court and the best actions to take against him is first to terminate his services. The discipline also is unappropriated because here the company is fighting to protect it is the name but also displays an example to others not try doing anything related to sexual harassment. The Civil rights Act give an employee the chance of claiming the damages that are punitive to the worker (Walker & Shapiro, 2003). The compensatory and punitive damages are the legal remedies, “the punitive damages applies to when the one caused them is punished severely, while the compensatory damages come in when the designation with the remuneration is brought back into original position but the crime when committed such a window punitive damages do not apply (MacKinnon & MacKinnon, 1979). For the punishment of the offender the rules are simple and can easily be applied, punitive damage aims to punish the one who is guilty of his or her behavior. For punitive damages one is not required to prove the unlawful behavior in a court of law and they are commonly judged for the cases of sexual harassment.
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?
It is biased to say Marwan’s physical disability is used as a factor in discrimination, yet he had a senior position in a company where he has moved up to the top ranks. If there were plans of discrimination, it would be evident either through demotion or sacked without a good reason. If there were discrimination, Marwan would not have awarded promotion throughout his career in the company. This is enough evidence that discrimination never played a part. When there is a case of discrimination, all parties are required to have concrete evidence to support the claims of sexual harassment but not the physical disabilities. The court makes judgment will be made by what evidence is available to prove sexual harassment claims, but not the discrimination claims that are meant to cover Marwan.
Marwan’s services at Studio Five were put to an end by the owner of the company and it was of the best measures taken uncover the truth. The allegations brought before the court shows Marwan had unethical conduct and he has involved himself in these behaviors severally. The action to sack Marwan shows that he has been involved in this kinds of cases severally and the best action to was to terminate the contract. Continue to keep Marwan in studio five would have destroyed the good reputation of the company and also cause a lack of trust by other employees and this may lead to poor productivity of the company. The ideology of Five Studio would no longer be strong. Sexual harassment case is always difficult in proving it in court unless there are third parties who witnessed the situation (Walker & Shapiro, 2003). The law encourages reporting of sexual harassment and discrimination regardless of the doubts. Marwan can make a plea before the court of law that his job was terminated under unclear circumstances because there were no investigations carried out. This may seem to suggest that his job was terminated by physical disability because the matter of sexual harassment was not investigated and the right procedures followed to prove the allegations.
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 sues the company, Studio Five Theme Park, then the company can always put forward a defense that it was unaware of the situation, and they can also prove in the court of law that Marwan is a man of high standards and has been with the company for a long period”. Marwan’s physical disability can make it difficult to believe these allegations and Five Studio Company may decide to be against the victim because Marwan has been [part of the company for a very long time (Walker & Shapiro, 2003). Since the victim is an employee, the company may decide to take action against the victim since the company is liable to take actions, therefore it is necessary for the company to take proper action. So it is a burden to protect female employees against sexual harassment through the company had to take action against the accused to show fairness and adherence to laws.
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? If so, why?
Definitely. Some of my answers would be affected since the union would protect Marwan’s position the company because the union would be aware of Marwan’s knowledge after working for a long time. Collective bargaining between union and management is all about formal negotiations and focuses on things like wages, working environment and benefits. All members of staff have a right to fair collective bargaining treatment to give all employees powers to create a good working environment. Union objective is to improve the welfare of workers by ensuring that 5hey are not victimized during the bargaining processes.
What types of company policies, procedures, and actions should businesses employ to avoid harassment of their employees?
Employers must make sure that all their employers are free from any sexual harassment. This is a very big task to the employer or company but the employer has to play his role well to ensure the productivity is not affected by this kind of conduct (Walker & Shapiro, 2003). A company works as a team and the teamwork might be weakened by discomfort among some members. So if a role is not played well, definitely the productivity will go down as a result lead to the company not doing well in the market. To prevent sexual harassment cases in a company, the following measures have to be taken:
Thorough supervision on the conduct of employees. This includes walking around the workplaces and interacting with workers to know their challenges and know any issues that may affect their performance. Second is introducing sexual harassment policies that consist of terms and actions to be taken against the offenders and reporting of these cases (Walker & Shapiro, 2003). Fourth, is training supervisors and managers on how to handle these cases and the tricks to know any attempt to involve in this kind of offense. Lastly, members to be trained on the effects of sexual harassment and ho this could lead to reduced wages and bonuses as well as losing jobs.
Carr, P. L., Ash, A. S., Friedman, R. H., Szalacha, L., Barnett, R. C., Palepu, A., & Moskowitz, M. M. (2000). Faculty perceptions of gender discrimination and sexual harassment in academic medicine. Annals of internal medicine, 132(11), 889-896.
MacKinnon, C. A., & MacKinnon, C. A. (1979). Sexual harassment of working women: A case of sex discrimination (No. 19). Yale University Press.
Walker, L. E., & Shapiro, D. L. (2003). Discrimination and Sexual Harassment. In Introduction to Forensic Psychology (pp. 331-351). Springer, Boston, MA.
Woods, R. H., & Kavanaugh, R. R. (1994). Gender Discrimination and Sexual Harassment as Experienced by Hospitality-Industry Managers: More than 80 percent of the men and women surveyed perceive gender discrimination and sexual harassment in the workplace as an ongoing problem. Cornell Hotel and Restaurant Administration Quarterly, 35(1), 16-21.