Assignment 1 Grading Criteria And Maximum Points Described

Assignment 1 Grading Criteriamaximum Pointsdescribed The Civil Rights

Describe the civil rights laws that may prohibit Marwan’s conduct with his fellow co-worker and explain if these laws apply to his conduct toward the park guest.

Explain what type of sexual harassment Marwan committed and the legal nature of his employment.

Describe the actions and steps Studio Five should take against Marwan.

Discuss Marwan’s allegation that he is being discriminated against based on his disability, Studio Five’s probable response to the allegation, and what each side would need to prove in court.

Explain the defenses Studio Five could use if the female employee sues them and whether the park would be liable for Marwan’s conduct even if it was unaware of his actions.

Explain the impact a union with a collective bargaining agreement with Studio Five would have had on this case.

Explain the types of company policies, procedures, and actions businesses should employ to avoid harassment of their employees.

Writing Components (20% of LASA 1 grade): Organization, Usage and Mechanics, APA Elements, Style.

Paper For Above instruction

The case involving Marwan at Studio Five presents a complex interplay of civil rights laws, employment regulations, and workplace safety policies. Analyzing the legal framework, appropriate disciplinary actions, and preventive measures is essential to understanding the full scope of responsibilities and protections for all parties involved.

Legal Framework Protecting Against Workplace Conduct

Civil rights laws, primarily Title VII of the Civil Rights Act of 1964, prohibit employment discrimination based on race, color, religion, sex, or national origin (U.S. Equal Employment Opportunity Commission [EEOC], 2020). Although these laws primarily address discrimination, they also encompass protections against hostile work environments, including sexual harassment. Marwan’s conduct toward his co-worker and the park guest could violate these laws if it creates a discriminatory or hostile environment (Burlington Industries v. Ellerth, 1998). Furthermore, the Americans with Disabilities Act (ADA) protects individuals from discrimination based on disability, which may be relevant if Marwan claims discrimination based on his disability (U.S. Department of Justice, 2020). If Marwan’s behavior involved unwelcome sexual advances or harassment, these laws could be invoked to hold the employer accountable.

Types of Sexual Harassment and Employment Law Considerations

Marwan’s conduct may constitute quid pro quo harassment if submission to such conduct is a term or condition of employment, or hostile work environment harassment if the conduct creates an intimidating or offensive work atmosphere (EEOC, 2020). The legal classification influences employer liability and the nature of corrective actions. Marwan’s employment status—whether regular, temporary, or contract worker—affects the employer’s legal responsibilities. Employers are liable for harassment committed by supervisors and, in many cases, by co-workers, especially if they knew or should have known about the conduct but failed to act (Faragher v. Boca Raton, 1998).

Actions and Steps for Studio Five

Upon learning of Marwan’s misconduct, Studio Five should initiate a comprehensive investigation, ensuring impartiality and confidentiality (EEOC, 2020). Immediate corrective actions may include formal warnings, suspension, or termination if misconduct is confirmed. Additionally, the company should provide training focused on harassment prevention and establish clear reporting procedures. These steps not only address the incident but also demonstrate the company's commitment to a harassment-free workplace, thereby reducing legal liability (Leslie & Murphy, 2019).

Discrimination Based on Disability and Legal Responses

If Marwan alleges discrimination based on his disability, Studio Five must assess whether a disability-related accommodation was denied or if the employer failed to provide an appropriate response as mandated by the ADA (U.S. Department of Justice, 2020). The employer’s probable response may involve a thorough investigation, potential accommodation adjustments, or denial if the disability was not protected under law. To succeed in a discrimination claim, Marwan must prove that his disability was a motivating factor in adverse employment action, and the employer must demonstrate that reasonable accommodations were provided or that no accommodation was necessary (Gordon v. United Airlines, 2004).

Legal Defenses and Liability Considerations

Studio Five could invoke defenses such as the lack of knowledge or the existence of an adequate anti-harassment policy, which the employee failed to utilize (Faragher v. Boca Raton, 1998). The park’s liability depends on whether it took reasonable steps to prevent and correct harassing conduct. Even if unaware of Marwan’s actions, if the company failed to implement or enforce effective policies, it may still be held liable under vicarious liability principles (Burlington Industries v. Ellerth, 1998).

Impact of a Union and Collective Bargaining Agreement

If a union representing employees at Studio Five had a collective bargaining agreement (CBA), it could significantly influence disciplinary processes and grievance procedures. CBAs often specify negotiated procedures for addressing misconduct, including grievance procedures and arbitration processes (Katz and Kochan, 2013). Union involvement might delay disciplinary actions pending union consultation and could necessitate arbitration, potentially limiting the employer’s discretion. Moreover, union agreements may offer additional protections to employees, complicating unilateral disciplinary decisions.

Preventative Policies and Practices

To avoid harassment and liability, companies should implement comprehensive policies that explicitly prohibit harassment, bullying, and discrimination. Regular training sessions, clear reporting channels, confidentiality assurances, and prompt investigation protocols are essential (Leslie & Murphy, 2019). Efforts should include leadership commitment, zero-tolerance policies, and ongoing employee education to foster a respectful work environment. Incorporating policies aligned with legal standards, such as the EEOC’s enforcement guidance, ensures comprehensive coverage and reduces the risk of legal violations (U.S. Equal Employment Opportunity Commission, 2020).

Conclusion

Addressing Marwan’s case requires a nuanced understanding of civil rights laws, employer obligations, and workplace policies. Ensuring legal compliance through diligent investigation, appropriate disciplinary actions, and preventive policies is essential to fostering a safe, respectful, and legally compliant workplace environment. Employers like Studio Five can mitigate risks and promote a positive culture by proactively implementing comprehensive training, clear policies, and effective grievance procedures.

References

• Burlington Industries v. Ellerth, 524 U.S. 742 (1998).
• Faragher v. Boca Raton, 524 U.S. 775 (1998).
• Gordon v. United Airlines, Inc., 202 F. Supp. 2d 1043 (N.D. Ill. 2004).
• Katz, H., & Kochan, T. (2013). An Introduction to Collective Bargaining and Industrial Relations. Cornell University Press.
• Leslie, L., & Murphy, M. (2019). Workplace Harassment Prevention Strategies. Journal of Business Ethics, 156(1), 1-16.
• U.S. Department of Justice. (2020). Americans with Disabilities Act (ADA). https://www.ada.gov
• U.S. Equal Employment Opportunity Commission (EEOC). (2020). Enforcement Guidance on Harassment. https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment