Department and the manager
Sexual harassment is one of the most difficult things to get over (Law 2000) . For example, a young female used to work in the sales department of the company, a middle age male boss was the assistant sales manager at that time and was the female’s boss. The boss took an inappropriate interest in the female worker. One day the female was looking extremely upset and the boss asked what was the problem, she told him what her problem was. The guy used to refer to all the female co-workers as honey or dear.
The guy used to make a lot of sexual remarks when in the company of the female workers. The female filed a complaint with the manager of the department and the manager took that complaint to the head of the department. The working conditions should be appropriate in such a way that it provides respect of work, leisure, health and hygiene and also make sure that there is no hostile environment with the company. Disparate treatment mostly happens when the members of the protected class receive an unequal treatment because of their membership in that class.
Unequal treatment also occurs because different kinds of standards are applied to different groups. For example an organization refuses to hire females who are married and have children because the children may cause the female to miss her work instead that company hires a male who is married and has children because he would not miss his work. This sort of behaviour is called disparate treatment. Disparate impact mostly happens when the results of an employer’s action have a different and most importantly a negative impact on one or more protected classes.
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Even if it was not the employer to discriminate but he or she has developed a uniform standard and applies it equally to all the classes and the result in the end may be discriminatory. If a standard discriminates against more than one protected class, in the end it falls on the shoulder of the employer and he or she has to prove that such kinds of standards were necessary to safeguard the company. Exceptions are sometimes permitted in the working environment.
Exception mostly includes 1) Bona fide occupational qualification means BFOQ exists when discrimination against a protected class is reasonably necessary to the normal operation of the company. A preference by the employer or long standing tradition is not considered as an exception but there must be some justified business reason. 2) Seniority mostly happens in labour agreements which are negotiated between the employers and the unions of the company. These kinds of provisions usually require that the promotions, pay and other work conditions of employment preferentially affected by how long the employee has been employed by the company.
3) Quotas is an approach that reserves only a portion of opening in a company, promotions or other opportunities for the people of a protected classes, who might have been discriminated against their sex, religion, race, nationality etc. previously. 4) Religious discrimination is only permitted in churches or any other religious organizations for their religion related employment needs. For example a catholic institution can discriminated against orthodox or non catholic when hiring teachers or professors to teach religion in the institution.
Employer retaliation happens for example a person of the protected class complains, under the Title VII ordinance will be protected by the law, against his or her superior. And if that superior tries to get even with the victim then the act is violated and then the employer would have to face the consequences of his or her behaviour. Enforcement basically helps the person against whom discrimination was conducted. Chargers are filed directly under the EEOC (equally employment opportunity commission).
The EEOC conducts an investigation and decides that whether the charges that have been filed constitute as a violation or not. The EEOC then seeks a conciliation agreement, which means that the two parties come upon an agreement and make a settlement and if it is acceptable to the EEOC all the charges are dropped and the case is closed but it the EEOC does not accept it then the case is pass forward to the court. Remedies the Title VII clearly defines that there are several wide range of penalties included in the remedy.
Remedy actually includes an agreement by the company to cease and desist from the discriminatory practices. The past practices of the company have to be corrected and the company should immediately plan out the special hiring, promoting, training and programs for the people of the protected groups. And for example if any kind of financial harm is done by the employer to the member of the protected class then the employer has to pay financial restitution to correct for the wrongs that have been done against the victim (Werther & Davis 1996).