Unit 2 IP Discrimination: Part 1 - Legal Liability

Unit 2 IP Discrimination: Part 1 - Legal Liability

Question 1

Sexual Harassment

The act of harassing an individual unlawfully that is an employee or is there as an applicant, this kind of harassing is due to the gender of the person. The harassment can be inclusive of the sexual harassment or also unwelcome kind of sexual advances. These are the requests for some of the sexual favors, and also other kind of verbal or physical harassment which are of the sexual nature. Although it is not essential that the harassment always have some sort of sexual natures involve in it. They might also be having some sort of offensive remarks which are regarding the sex of the person (Takeyama & Kleiner, 1998).

In a case where the person who is being harassed and the harasser are from the same gender, still the act will be consider as harassment. The harasser can be a peer, a supervisor of even a client. Simple kind of teasing is not although considered to be something prohibited in the law although. These are usually applicable in the severe cases where the working environment is being affected and an adverse effect is also there on the employment decision like demotions, being fired or even not being given equal opportunity due to the difference in the gender (Takeyama & Kleiner, 1998).

It is stated in the Title VII of the Civil Rights Act and also is so many other state-level anti-discrimination and sexual harassment statutes have prohibited any sort of sexual harassment in the premises of the workplace. It has been identified that there are basically two common types of sexual harassment. These are basically the following:

Quid pro quo harassment

Hostile work environment

In the first form the applicant or the employee is being forced to bear the offenses in order to keep the job, here the job decision is involved (Apodaca & Kleiner, 2001). The other one their work ability is being affected. The second is what we are currently dealing with and there are the hostile work environments. These basically are the situation which are typically involved of the repetitive behavior which is either abusive or which might also be of offensive nature.

These are the factors which might also be impactful on the ability to perform of someone and it may affect their job. Most of the employers who foster or even allow such kind of conditions might be found legally responsible; the blame can also be converted to them even if they are not directly involved in it as it will be considered as a conduct of the offending against the employees (Brown, 2012).

Question 2

Previous Investigation Conducted

In spite of the fact that both of the female employees have complained to the immediate supervisor of their supervisor, there has been no change at all. This proves that there wasn't any kind of proper investigation conducted by them. This is definitely the factor which made the supervisor not ...