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Legal Issue Analysis

766 words - 3 pages

Summary of the ArticleMaya Perez, a transgender woman worked for Burlington Coat Factory for approximately 12 years. Perez started to "present as a woman in September 2001. Perez alleges that her co-workers and customers taunted her. According to Perez there was physical and verbal harassment. Examples include derogatory, vulgar remarks in addition to pushing, shoving and fondling. Shortly after she started presenting as a woman a manager gave her pornographic materials and repeatedly made unwelcome sexual comments to her. In addition customers were abusive. The article gives the example of a folding chair being thrown at her. In many of the cases her fellow employees or supervisors did not intervene unless it became dangerous. The company let her go last month (January 2009). Perez claims it was retaliation for complaining.Legal ConcernsThe article I choose to read deals with the diversity issue of harassment Generally speaking, "it is improper conduct directed at someone, that the person finds offensive and harmful and that a reasonable person would view as unwelcome or offensive"(Compliance Group, 2009).In this case specifically, sexual Harassment. "Sexual harassment is a form of discrimination based on sex and can occur in many forms and under many different circumstances" (Compliance Group, 2009).Additional legal considerations in this case would be that of wrongful termination and perhaps a violation of a disruptive behavior policy that the organization may have in place. It may be considered wrongful termination "…if the employer retaliates and fire employees for asserting their rights under the state and federal anti-discrimination laws" (Employee Rights, 2009). One other consideration in this case would be that most companies have disruptive behavior policies. Perhaps the policy was violated without consequences to the employees.My ThoughtsI have several concerns. My first thoughts after reading the article were that this was a clear case of harassment and probably wrongful termination. After I read the article a few more times I thought that Perez stayed in her job for quite a length of time after her "change" in 2001 up until her termination in January 2009. I'm not sure individuals should be so quick to judge during these economic times. Most employees are at will and can be terminated at any time. The length of time the employee remained employed could show some commitment, although...

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