wk 4- team ppt discrimination issues.pptx
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PhoenixMBA 2015 (new)TRANSCRIPT
Learning Team B
LAW/531
Mr. Andrew Van Ness
9 November 2015
Analyze each of the elements of this cause of action, the applicable defenses, and the bases for the Judge's ruling.
Analyze the potential civil liability of both the employee and the employer.
Analyze the different liability in this case if the sexual harasser were an independent contractor versus an employee.
Plaintiff Jonathan Silverstein: believes he lost promotion due to sexual harassment
Defendant Meredith Shaw: friends for 4 years, friendship grew the past few months
Supervisor, responsible for promotion, witnessed the screen saver
Similar type of behavior was the norm between the team members
Plaintiff
Suing defendant for sexual harassment
Felt defendant’s actions caused him to lose a promotion
Felt uncomfortable working with defendant
Did not notify employer about harassment
Did not communicate with defendant about behavior
Unreasonable due to “norms”
Participated in behavior
Suit has no merit
Plaintiff Jonathan Silverstein: believes he lost promotion due to sexual harassment, sexual references have been made towards him
Defendant Meredith Shaw: friends for 4 years, friendship grew the past few months
Joking has been going on in the workplace between those that volley back
Liability: Principal does not control the manner in which a independent contractor work is performed
Was behavior unwelcome: Negative
Employer liable: Negative, no knowledge of this
was provided
Hostile work environment is not supported as the
jokes were among “friends”
Admitted to never saying “stop”, the type of jokes
were among teammates to keep comradery
“I am close to someone who is close to him”
Written in policies, which were not followed by the
Plaintiff
Behavior
Equal exchange
Reasonableness
Hostile environment
Employer liability
Behavior: un-established discouragement
Equal exchange: un-established
Reasonableness: circumstantial, but yes
Hostile environment: circumstantial, but yes
Employer liability: none
http://www.eeoc.gov/laws/types/ You be the Judge: Sexual Harassment.
(Mallow, Barnes, Bowers, Langvardt). UOP Mallor, J. P., Barnes, A. J., &
Langvardt, A. W. (2016). Business Law: The Ethical, Global, and E-Commerce Environment (16th ed.). New York, NY: McGraw-Hill Education.