Running Header: Appropriate Behaviour

Running Header Appropriate Behaviour Appropriate Behaviour

Employment law is a crucial set of legal rules that govern the rights and duties between employers and employees. Often referred to as labor law, these laws aim to ensure worker safety, fair treatment, and to balance the interests of employers with those of workers. The foundation of employment laws is rooted in federal and state constitutions, legislation, administrative rules, and judicial decisions. They regulate various aspects of employment, including contracts, working conditions, discrimination, and harassment.

The origins of labor laws are linked to the public outcry against oppressive practices during the Industrial Revolution, which saw discrimination based on age, sex, and ethnicity. Early laws focused on issues like compensation for injured workers and minimum wages. As societal awareness grew, laws expanded to encompass standard work hours, child labor protections, anti-discrimination statutes, and safety regulations. Recent legal developments, such as the Civil Rights Act of 1964, have made workplace discrimination unlawful based on ethnicity, religion, gender, or disability.

In the United States, the employment at-will doctrine presumes that employer-employee relationships can be terminated by either party at any time, unless a contract states otherwise. Exceptions include terminations that violate public policy or are discriminatory. Employment contracts specify terms of employment such as duration, pay, and reasons for termination, providing legal protection for workers against unfair dismissal (Peter, 2011). Laws also address workplace issues such as sexual harassment, employee discrimination, and employment classification.

Civil Laws for Employees Towards Each Other

Employees are not only protected from employer misconduct but can also be subject to misconduct from fellow employees. Laws prohibit harassment and discriminatory behavior among employees. Workplace harassment, whether based on race, gender, religion, or other attributes, is unlawful under Title VII of the Civil Rights Act of 1964. Harassment includes unwelcome conduct such as offensive jokes, slurs, name-calling, physical assaults, or inappropriate touching, especially if it creates a hostile, intimidating, or abusive work environment (Francis, 2011).

Harassment can be perpetrated by supervisors, co-workers, or even third parties like contractors or customers. Employers are liable for harassment by supervisors if it results in adverse employment actions unless they can demonstrate that they took reasonable steps to prevent and correct misconduct. For example, in the case of Marwan, his inappropriate behaviors toward colleagues and customers violated anti-harassment laws, and the employer bears responsibility for ensuring a safe working environment. Harassment that leads to a hostile environment, whether from supervisors or peers, must be addressed promptly and decisively.

Sexual Harassment and its Legal Implications

Sexual harassment is a subset of employment discrimination, defined as unwelcome sexual advances or conduct of a sexual nature that affects employment conditions or creates a hostile work environment. It includes verbal proposals, physical contact, or other inappropriate behaviors. The law considers sexual harassment serious when it influences employment decisions, such as promotions or terminations, or when it substantially interferes with an individual’s work (Gillian, 2006).

Marwan’s conduct—suggesting a date in exchange for job security and threatening termination—constitutes sexual harassment under the quid pro quo category. Such behavior is illegal, and victims can seek remedies through the Equal Employment Opportunity Commission (EEOC), including reinstatement, compensation, or preventing further harassment. Employers are responsible for preventing sexual harassment through clear policies, training, and effective complaint procedures. The absence of a formal sexual harassment policy at Studio Five highlights the importance of establishing preventative measures to protect employees and reduce legal liabilities.

Employment Status and Its Legal Significance

Legal protections depend heavily on whether an individual is classified as an employee or an independent contractor. Traditionally, workers with permanent positions or formal contracts enjoyed comprehensive legal protections. However, the rise of non-standard employment arrangements has led to broader interpretations. The term “worker” now encompasses employees without formal contracts, who depend on specific companies for work (Mannington, 2009).

In the case of Marwan, despite lacking a formal contract or clear employment status, his consistent performance and dependence on the employer suggest he could be classified as a worker. This classification grants him certain protections, such as protection against unfair dismissal and rights to a safe work environment. Given his contributions and the absence of previous issues, disciplinary actions like suspension or warnings are appropriate responses rather than immediate termination.

Employment Discrimination and Disability Claims

Employment discrimination law prohibits unfair treatment based on attributes unrelated to job performance, including race, gender, or disability. Discrimination claims arising from physical disabilities require the employee to demonstrate that adverse actions, such as dismissal, were motivated by their condition (Mary, 2003). In Marwan’s case, his injury might have been a factor in potential discrimination, but the employer’s actions—pending investigation—could justify dismissal if based on misconduct rather than disability.

If Marwan believes he was unfairly dismissed due to disability, he would need to provide evidence linking his injury to the termination decision. Employers, on the other hand, can defend against discrimination claims by showing that employment decisions were based solely on misconduct or performance issues unrelated to disability.

Employer Liability in Sexual Harassment Cases

Under employment laws, companies are liable for harassment unless they can demonstrate they took reasonable steps to prevent and promptly correct misconduct. The absence of a clear sexual harassment policy at Studio Five places the burden on the employer to prove due diligence if a lawsuit arises. It is crucial for organizations to implement explicit policies detailing harassment prohibited conduct, reporting procedures, and disciplinary actions (Gillian, 2006).

In cases where harassment occurs, employees should be encouraged to report incidents through established channels. If the employer fails to act or has no formal mechanism, victims may seek recourse by filing complaints with the EEOC. Proper training and clear communication of policies significantly mitigate legal risks and promote a safe, respectful workplace environment.

The Role of Trade Unions and Collective Bargaining

Trade unions play a vital role by representing workers' interests through collective bargaining, which involves negotiating employment conditions, wages, and workplace policies. While union membership can bolster workers’ rights, in Marwan’s case, involvement may not make a difference if the misconduct was justified or if there are no collective grievances against unfair treatment (Mary, 2003). However, unions serve as important mechanisms to ensure fair treatment and provide legal assistance if broader issues of unfair practices or discrimination exist.

Policies to Prevent Workplace Harassment

Effective prevention of workplace harassment relies on comprehensive policies that define unacceptable behaviors, establish reporting procedures, and specify consequences for violations. A statement of intent demonstrating a genuine commitment from employers and employees can foster a respectful environment. Training programs should educate staff about harassment, how to recognize it, and how to report incidents without fear of retaliation. Investigative mechanisms must be impartial to ensure that claims are thoroughly examined and resolved fairly (Gillian, 2006).

Organizations must promote awareness and enforce policies consistently to reduce harassment incidents and mitigate legal liabilities. Developing a culture of respect and accountability is essential in creating a healthy, productive workplace free from discrimination and harassment.

References

• Gillian, K. (2006). How to prevent yourself from harassment at work. Macmillan: London.
• Mary, M. (2003). Human resource and labor laws. Oxford University Press.
• Mannington, N. (2009). The law and employment. Chicago: Chicago Press.
• Peter, H. (2011). The labor law notebook. London: Macmillan.
• Francis, L. (2011). Introduction to company law. New York: NYP.
• U.S. Equal Employment Opportunity Commission. (2020). Sexual harassment guidance. EEOC.
• Shaw, M. (2014). Employment discrimination law. Aspen Publishing.
• Crane, M. (2018). Workplace harassment and employer liability. Harvard Law Review.
• Hepple, B. (2011). The legal regulation of employment relations. Oxford University Press.
• Kessler, A. (2015). Employment law updates for HR professionals. Journal of Labor & Employment Law.