Running head: HRM320 Week 6 Paper Andrew Marmo 1
HRM320 WEEK 6 DISCRIMINATION PAPER Marmo 5
HRM320: Employment Law
Prof. Justin Lawrence
Q1: “What must a person who is claiming they were harassed in the workplace allege in order to first state a case with the EEOC for each of the following types of harassment?”
Sexual harassment – quid pro quo.
Quid Pro Quo is when employment decisions such as promotions, assignments, or keeping your position, are based on your willingness to submit to the sexual harassment.
Unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature constitutes quid pro quo sexual harassment when:
· Submission to such conduct is made either explicitly or implicitly a term or condition of employment.
· Submission or rejection of such conduct is used as the basis for employment decisions.
Sexual harassment – hostile environment.
When sexual harassment makes your workplace environment intimidating, hostile, or offensive.
Unwelcome sexual advances, requests for sexual favors, and other verbal conduct of a sexual nature constitute hostile environment sexual harassment when the conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or of creating an intimidating, hostile, or offensive working environment. Courts consider several factors to determine whether an environment is hostile, including:
• Whether the conduct was verbal, physical, or both.
• How frequently it was repeated.
• Whether the conduct was hostile or patently offensive.
• Whether the alleged harasser was a co-worker or supervisor.
• Whether others joined in perpetrating the harassment.
• Whether the harassment was directed at more than one individual.
Under Title VII, the primary federal law that prohibits workplace discrimination, employees and applicants are protected both from discrimination and from harassment based on their religion. The rules for proving harassment and determining whether an employer is liable for harassment are the same for religious harassment as for harassment based on other protected traits (including sexual harassment). However, some religious harassment cases have a unique twist: Sometimes, the employee accused of harassing others is trying to share his or her religious beliefs.
Types of Religious Harassment:
The Equal Employment Opportunity Commission (EEOC), the federal agency that enforces and interprets Title VII, divides harassment into two types: quid pro quo (“this for that”) harassment and hostile work environment harassment.
Quid Pro Quo Harassment Based on Religion:
In a quid pro quo harassment case, the harassed employee is coerced or required to abandon or change religious beliefs, or to adopt religious beliefs, in order to get a job benefit (such as a...