Inappropriate Behavior ✓ Solved

Inappropriate Behavior

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?

The civil rights laws covering this case come under Title VII of the Civil Rights Act, 1964. This legislation safeguards employees against discrimination in the workplace on the basis of caste, color, creed, gender, and origin. The law applies to all employers whether national, state, or local. Any company having fifteen or more employees must adhere to this law. A commission called the Equal Employment Opportunities Commission has been set up to protect people against discrimination and to enforce this and other applicable laws. Discrimination in the workplace has long existed, prompting U.S. authorities to introduce this law following numerous cases of harassment.

The law safeguards both employees and applicants. It states that no employer can make recruitment decisions based solely on caste, color, creed, gender, or origin. Favoritism based on these factors in selection or promotion is also prohibited. Employers cannot assign tasks, determine remuneration, or terminate services based on these characteristics. Additionally, employers cannot show favoritism in terms of paying perquisites or granting leave due to disability. Most importantly, the law prohibits harassment based on these factors. It is unlawful to segregate or categorize employees or prospective candidates in any way that hampers employment opportunities. The civil rights laws also apply to park guests.

Marwan has reportedly made lewd remarks and gestures towards female employees that would be considered against the civil rights law - Title VII. His colleagues describe him as discriminatory towards the opposite sex. He has misconducted his actions and behavior, harassing female employees to the point of affecting their work. Mr. Marwan has committed sexual harassment in two notable ways: through inappropriate physical contact and by threatening female employees with termination if they refuse to go on dates. Both encounters fall under the definitions of harassment governed by Title VII. This unjust treatment of female employees is punishable under the Act.

Did Marwan commit sexual harassment? If so, what type? Explain your answer and the terms you use.

Sexual harassment occurs in the workplace when an employer makes intolerable verbal or non-verbal remarks or physical advances towards an employee. If an employer's behavior results in a situation where the employee's job is at risk or leads to mental stress adversely affecting their work performance, it constitutes sexual harassment. Victims of such harassment may be anyone affected by these unlawful behaviors.

The civil rights laws protect employees from intolerable and unethical behaviors from employers. Mr. Marwan has engaged in such unethical behavior. National and state laws strictly forbids this activity, and employers cannot retaliate against any worker who charges them under these laws.

Again, Mr. Marwan's actions involved inappropriate body contact and threats. These types of harassment fall under "Quid Pro Quo" and "Hostile Work Environment" categories. Quid Pro Quo sexual harassment occurs when employment decisions hinge on requests for sexual favors. In contrast, a Hostile Work Environment is created through ongoing sexual remarks, which obstruct the ability to work in a friendly atmosphere.

What is the legal nature of Marwan's employment?

Legally, Mr. Marwan's employment status is ambiguous due to the absence of a formal employment contract. An employee is defined by their employment contract, and without this documentation, legal protection under labor laws is limited. Even without a written contract, oral contracts might establish an employer-employee relationship.

According to the Act, an employee is someone employed by an employer, with exceptions for federal, state, or local officials and certain consultants. In cases involving other geographical territories, this definition is limited to U.S. citizens. Despite lacking a formal employment contract, Marwan has been working at Studio Five for a prolonged period, potentially qualifying him for labor law protections.

What actions and steps should Studio Five take against Marwan? Explain what actions you considered and why you either recommend them or reject them.

Studio Five Theme Park has the right to take action against Mr. Marwan based on allegations of misconduct. These allegations should be substantiated before administrative decisions are made. Possible actions could include withholding allowances, seeking damages, or initiating legal action for recovery of costs due to Marwan's behavior. Moreover, terminating Marwan's employment is a crucial measure to safeguard the company's reputation and demonstrate a commitment to a harassment-free workplace.

The action to discharge Marwan not only serves to protect the image of the employer but sets a precedent that misconduct will not be tolerated, thus deterring future incidents.

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?

Marwan's claim of discrimination due to physical disability is unjustified. His established position within the company likely indicates that physical disability did not impede his progression. In a court of law, he would need to prove that discrimination occurred due to his disability, which would be challenging given his employment history.

Studio Five's termination of Marwan's services aligns with prior misconduct. The company was likely aware of his behavior before the reported incidents. Had they failed to act, it could have damaged employee trust in the company's values and integrity.

Marwan's challenge would hinge on whether his termination was unwarranted, possibly based on the argument that he did not receive due process prior to dismissal whereas the female employee must substantiate her claims of harassment without witnesses, hinging on the pattern of past behavior from Marwan.

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 sued, Studio Five could argue ignorance of the harassment situations while emphasizing Marwan's long-standing service and reputation as an exemplary employee. However, companies are generally liable for their employees' behaviors, regardless of prior knowledge. This obligation to protect employees is crucial.

If Marwan was a union member under a collective bargaining agreement, it would complicate matters further due to the Union's role in negotiations and proceedings. Collective bargaining facilitates discussions between employers and selected representatives to determine employee rights and conditions of employment.

Strategies for Prevention

To prevent harassment, employers must ensure a workplace free from sexual harassment. Implementing a comprehensive sexual harassment policy outlining disciplinary actions and complaint procedures is essential.

Additionally, conducting training sessions for all employees and supervisors yearly emphasizes the importance of a harassment-free environment and the rights employees hold. Establishing regular check-ins to monitor workplace dynamics can reinforce that harassment is neither tolerated nor overlooked.

References

• Cooper, S. (2010, October 27). Title VII, Civil Rights Act of 1964.
• Clark, C. "Sexual Harassment: Men and Women in Workplace Power Struggles." Washington, DC: Congressional Quarterly, Inc., 1991.
• Silva, S. (1996). Collective Bargaining Negotiations.