Assignment 1 Lasa 2 Inappropriate Behavior Marwan Has 659196

Assignment 1 Lasa 2 Inappropriate Behaviormarwan Has Worked At Studi

Research employment law related to hiring/firing and discrimination, using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, write an analytical paper. In the paper, respond to the following questions: What civil rights laws may prohibit Marwan’s conduct with his fellow co-worker? Do those laws apply to his conduct toward the park guest? Explain both answers.

Did Marwan commit sexual harassment? If so, what type? Explain your answers and the terms you use. What is the legal nature of Marwan’s employment? Explain your answers and the terms you use.

What actions and steps should Studio Five take against Marwan? Explain what actions you considered and why you either recommend them or reject them. 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? 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 Marwan was a member of a union that had a collective bargaining agreement with Studio Five, would that change any of your previous answers? What types of company policies, procedures, and actions should businesses employ to avoid harassment of their employees? Write a ten-page paper in Word format.

Paper For Above instruction

The case involving Marwan at Studio Five Theme Park presents complex employment law issues related to harassment, discrimination, and lawful termination. Analyzing these issues requires understanding various federal and state laws that protect employees and prohibit discriminatory practices, particularly in cases involving disability and sexual harassment. This paper examines the applicable civil rights laws, the nature of Marwan's conduct, the company's responsibilities, and potential legal defenses while emphasizing preventive organizational policies.

Legal Framework and Civil Rights Laws

Primarily, the Civil Rights Act of 1964, especially Title VII, prohibits employment discrimination based on race, color, religion, sex, or national origin. Title VII also explicitly forbids sexual harassment in the workplace, which can be classified as a form of sex discrimination under this statute. The Americans with Disabilities Act (ADA) of 1990 extends protections to individuals with disabilities, ensuring they are not subjected to discrimination based on their impairment. Under the ADA, discrimination includes firing or refusing to hire because of a disability, as well as failing to provide reasonable accommodations.

In Marwan's case, the prohibitions of Title VII would apply to his conduct toward the female guest if his actions create a hostile environment or constitute sexual harassment. While sexual harassment usually pertains to conduct directed at employees, courts have recognized that harassment involving third parties, such as guests, can also implicate liability if employer negligence is involved. Regarding his conduct toward fellow employees, both Title VII and the ADA are relevant, especially if his actions stem from or are compounded by his disability.

Types of Sexual Harassment and Legal Definitions

Marwan’s inappropriate touching and flirtatious behavior likely constitute sexual harassment, which can be classified as quid pro quo or hostile work environment harassment. Quid pro quo involves a power dynamic where submission to such conduct is implicitly or explicitly a condition of employment. Hostile work environment harassment includes conduct that is severe or pervasive enough to alter the conditions of employment and create an abusive environment.

Although much of Marwan’s misconduct occurred in interactions with guests, his physical assault on a fellow employee—grabbing her breast—constitutes unwanted sexual advances and assault, both severe forms of harassment that are unlawful. His behavior, especially placing hands on female guests’ bodies without consent, fits the definition of sexual harassment under federal law, which requires the conduct to be unwelcome and objectively offensive.

Legal Nature of Marwan’s Employment and Employer Liability

Marwan appears to be an at-will employee, given the absence of an employment contract, which means either party can sever the employment relationship at any time for any lawful reason. This status influences the employer’s ability to terminate for misconduct but does not permit discrimination or harassment, which are unlawful regardless of employment status.

Liability for studio Five depends on whether the company knew or should have known about his misconduct and whether it took appropriate preventive and corrective measures. Under Title VII and the ADA, employers can be held liable if they failed to prevent or promptly correct harassment once aware of it. This includes implementing policies, training, and effective complaint procedures.

Actions Against Marwan and Discrimination Allegations

Studio Five should conduct a thorough investigation into Marwan's conduct, including interviews and collecting evidence. Appropriate disciplinary actions, ranging from reprimands to termination, should be considered based on the severity of his misconduct. Given the incident with the female employee, immediate termination may be justified, especially if his actions are deemed gross misconduct.

If Marwan claims discrimination based on disability, the company must demonstrate that the termination was based on legitimate reasons unrelated to his disability or that any discriminatory impact was justified by business necessity. To succeed in a discrimination claim, Marwan would need to prove he has a disability under the ADA, that he was qualified to perform his duties, and that he was subjected to unlawful discrimination.

Meanwhile, the female employee asserting harassment can seek remedies under Title VII, including damages for emotional distress, reinstatement, or punitive damages. Studio Five may defend itself by proving it had a clear, effectively communicated anti-harassment policy and that it responded promptly once it learned of the misconduct.

Employer Liability and Knowledge of Misconduct

Generally, an employer is liable for the acts of its employees if those acts occur within the scope of employment and if the employer knew or should have known about the misconduct. Even if the company was unaware of Marwan's actions, failure to implement proper training or complaint procedures can render it liable. Employers have an affirmative duty to prevent harassment in the workplace, which entails establishing clear policies, regular training sessions, and effective complaint mechanisms.

If Marwan was a union member with a collective bargaining agreement (CBA), this could influence disciplinary procedures, grievance processes, and the handling of misconduct allegations. CBAs often stipulate specific steps for disciplinary actions and dispute resolution, potentially providing additional protections or constraints against immediate termination without due process.

Preventive Policies and Procedures

To mitigate harassment and discrimination risks, companies should implement comprehensive policies that explicitly prohibit inappropriate behaviors, outline reporting procedures, and specify disciplinary sanctions. Regular training ensures employees understand harassment definitions, their rights, and how to report concerns. Establishing a confidential, accessible complaint process is vital for early intervention. Additionally, effective supervision and prompt investigation of complaints are essential in creating a safe work environment and reducing legal exposure.

Furthermore, fostering a corporate culture that promotes respect, inclusivity, and zero tolerance for harassment can significantly reduce incidents. Employers should regularly review and update policies, provide harassment prevention training, and ensure managerial accountability in addressing issues proactively.

Conclusion

In conclusion, Marwan’s conduct at Studio Five Theme Park potentially violates multiple civil rights protections, notably Title VII for sexual harassment and the ADA concerning disability discrimination. The company’s response should be swift and in compliance with legal standards, including conducting thorough investigations and enforcing appropriate disciplinary measures. Employers must proactively create policies and procedures that prevent harassment and discrimination, safeguarding employee rights and minimizing legal liability. Recognizing the implications of union protections and ensuring effective training and complaint mechanisms are essential elements of lawful and ethical employment practices.

References

• Bateman, H. (2020). Employment Discrimination Law. Oxford University Press.
• Equal Employment Opportunity Commission (EEOC). (2023). Sexual Harassment. https://www.eeoc.gov/sexual-harassment
• U.S. Department of Justice. (2022). Americans with Disabilities Act (ADA). https://www.ada.gov
• Gordon, L. (2019). Employment Law in a Nutshell. West Academic Publishing.
• McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). Supreme Court Case.
• Bravo, A. (2021). Workplace Harassment and Organizational Responsibility. Journal of Workplace Rights, 14(2), 55-68.
• Sullivan, G. (2018). The Rights of Public Employees. Routledge.
• National Labor Relations Board (NLRB). (2022). Collective Bargaining Agreements. https://www.nlrb.gov
• Shaw, M., & McClure, J. (2017). Personnel Policies and Practices. Sage Publications.
• Stone, D. (2021). Legal Aspects of Human Resource Management. Cengage Learning.