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7 8 Pagesanalyze How Workplace Harassment Affects Equal Employment Opp

Analyze how workplace harassment affects equal employment opportunity by describing at least four elements a plaintiff must show to pursue a harassment claim. Describe 3–4 ways your organization can prevent the risk of being the subject of harassment and discrimination claims. Explain the concept of the reasonable accommodation of a disability, per the Americans with Disabilities Act. Describe at least three things a plaintiff must show in filing a failure to accommodate claim. Choose elements of both the plaintiff‘s qualifications and the employer’s behavior.

Compare religious advocacy or discrimination to a bona fide occupational qualification. Can organizations hire (or refuse to hire) based on an applicant's religion? Why or why not? Describe 2–3 common FMLA mistakes managers make and what you would do to avoid the mistakes. Analyze why it's important for leadership to focus on the employee experience and culture of employees as it relates to employment law. How can managers support this focus? Use at least three sources to support your writing. You may include your textbook as a source. Choose sources that are credible, relevant, and appropriate. Cite each source at least once within your assignment.

Paper For Above instruction

The impact of workplace harassment on equal employment opportunity (EEO) is profound, affecting not only the individuals involved but also the organizational culture and legal standing of an organization. To pursue a harassment claim successfully, a plaintiff must demonstrate specific elements including, but not limited to, unwelcome conduct based on protected characteristics, the conduct was pervasive or severe enough to create a hostile work environment, the conduct was unwarranted, and the employer knew or should have known about the harassment but failed to take appropriate corrective action (Equal Employment Opportunity Commission [EEOC], 2020). These elements are crucial because they establish the foundation for liability and reinforce the importance of proactive measures within organizations.

Preventive strategies are essential for organizations aiming to mitigate harassment and discrimination claims. Firstly, organizations should implement comprehensive anti-harassment policies that clearly define unacceptable behavior, coupled with regular training programs to educate employees about harassment, workplace boundaries, and reporting mechanisms (Dobbin & Kalev, 2018). Secondly, establishing multiple, accessible channels for reporting misconduct ensures victims feel safe and supported in coming forward. Thirdly, cultivating a culture of accountability where managers promptly address complaints and enforce consequences helps deter potential offenders. Lastly, leadership commitment to fostering an inclusive environment underscores the importance of respect and equity, thus reducing the risk of discriminatory practices.

The Americans with Disabilities Act (ADA) emphasizes the importance of reasonable accommodation for employees with disabilities, aiming to provide equal employment opportunities. Reasonable accommodation refers to modifications or adjustments to the work environment or job duties that enable a qualified individual with a disability to perform essential functions (U.S. Equal Employment Opportunity Commission [EEOC], 2010). To establish a failure to accommodate claim, a plaintiff must typically demonstrate three elements: that they have a disability within the meaning of the ADA, they requested an accommodation, and the employer failed to provide a reasonable accommodation that was necessary for the employee to perform essential job functions (EEOC, 2010). Both the qualifications of the employee and employer’s efforts or lack thereof are scrutinized in such claims.

Religious discrimination involves treating an individual unfavorably because of their religious beliefs, practices, or affiliations, whereas a bona fide occupational qualification (BFOQ) allows selective hiring or retention to meet the needs of the business, such as hiring based on specific religious beliefs for a religious organization (Graham, 2019). Although organizations can consider religion in certain contexts, they generally cannot discriminate solely based on religion in other employment decisions, unless the religion is a BFOQ. For example, a church hiring a pastor may lawfully specify religious qualifications, but a secular company cannot refuse to hire an employee due to their religion without a BFOQ justification.

Managers often make mistakes with the Family and Medical Leave Act (FMLA), such as failing to properly designate leave as FMLA, denying leave without proper documentation, or delaying approval processes. To avoid these errors, managers should be trained thoroughly on FMLA requirements, maintain clear documentation of leave requests, and communicate transparently with employees about their rights and responsibilities (U.S. Department of Labor, 2021). Such proactive measures ensure compliance and protect employee rights while minimizing legal risks.

Focusing on the employee experience and organizational culture is vital for compliance with employment laws and fostering a positive, productive workplace. Leadership plays a key role by promoting transparency, ensuring equitable treatment, and supporting employee well-being. Managers support this focus by actively listening to employee concerns, providing opportunities for development, and cultivating an inclusive environment where diversity is valued (Cameron & Green, 2019). An engaged and legally compliant workforce enhances overall organizational performance and reduces legal exposure.

References

• Cameron, E., & Green, M. (2019). Making Sense of Change Management. Kogan Page Publishers.
• Dobbin, F., & Kalev, A. (2018). Why Doesn’t Diversity Training Work? The Cultural and Organizational Barriers to Change. Harvard Business Review.
• Equal Employment Opportunity Commission (EEOC). (2010). Guidelines on Discrimination Based on Disability. Retrieved from https://www.eeoc.gov/laws/guidance/disability-discrimination
• Graham, J. (2019). Religious Accommodation and the Law. Journal of Religious & Theological Education.
• U.S. Department of Labor. (2021). FMLA Compliance Guide. Retrieved from https://www.dol.gov/agencies/whd/fmla
• U.S. Equal Employment Opportunity Commission (EEOC). (2020). Hostile Work Environment Harassment. Retrieved from https://www.eeoc.gov/laws/guidance/hostile-work-environment