Sexual Harassment & Labor Practices
This paper analyses the case of sexual harassment filled by Equal Employment Opportunities against the 1995 Auto corp., where the male supervisor working on visa repeated sexually harasses. The second part of the paper deals with the adjustments that Auto Corp. has done in the last 8 month that tries to avoid further charges. In this part, areas include definitions investigating procedure, legal liabilities and what the company should do to prevent the occurrence of such a charge, how to handle cases involving foreign with work visa, effects on company’s union-relation and methods of improving.
According to European Commission, (1998) the people who had the information have to be identified. One needs to know if the case was ever reported to the available authorities hence having the knowledge of the happening, people who have the first-hand information for example theses who witnessed the act and these who have gone through the same experience.
The type of investigation that was carried out is the civil investigation. This is because there was a need for the civil trial. It involves two individuals fighting for a right. A private researcher was to be involved who was to write an official report or act as a specialist witness in the civil examination. The significant stage in sexual harassment research is the final report and action taking. The four conclusions one has to make in the sexual harassment investigation are; there was a sexual harassment, harassing was not there, harassing was not there but the defendants’ behavior was not good or the plaintiff was with no merit. (Panaro, 2003)
According to Panaro, (2003) in case the sexual harassing happened, actions that can be taken include; termination of the proprietor but mostly, less severe action are required, that will include transferring, demoting, guiding and canceling, and everlasting marking on the defendant documentations are the probable actions. A separate summit from the plaintiff will need to take place in which the defendant will be told of the ending and how it came about and the actions to be taken, explain the ladder to be taken if the act carry on. Also, the plaintiff will be meeting separately to be briefed on the conclusion, actions to end the act, and the fair handling of the grievance. Lastly, a follow up to be taken to make sure that the condition has been handled properly.
According to the Office of the Attorney General Washington, D.C. (1998) the lawful meaning for sexual harassment is uninvited sexual proceeding; asking for sexual favors and or other oral or bodily conduct of sexual scenery that can lead to creation of hostility in the working environs.
Sexual Harassment Investigation Processes and its Implication
According to Florida Statutes (2009), in the Title xliv when the complaint of sexual harassment emerges, the 1995 Auto Corp should have released the duty to investigation immediately to a legal agent who remains objective in the processes and also ensure that the research materials are confidentially treated and shunned from the public, and knows preparation of trials and principles. The investigation should go on even if the plaintiff dislikes the idea. Those who are the witness, plaintiff and defendant should all be investigated. The investigation documents like the reports and the final investigation draft should be reserved. If not done, or done in worst faith sanction against the defendant might arise and may go up to the drop of the claim which may result to the defense striking. (Panaro, 2001)
Jonathan, (1996) argued that the disciplined defendant might take legal action for neglect, insult and retaliation. This explains the reason why in many instances the defendant is not interviewed. As the universal principle, the neglect investigations never succeed, initially since the strong public rule in favoring investigations of sexual harassment complains. According to Florida Statutes 2009, the duty goes initially to the victim of harassments, not the alleged perpetrator. So in the case of 1995 Auto Corp vs. the EEOC and sexually harassed women, the court can hold that 1995 Auto Corp owes nobody an investigation in a specific way if the circumstances in the first case that occurred in their company were the same as explained above.
Consideration of a foreign worker
Foreign workers are exposed to different challenges as they have to adhere to the labor laws and regulations being used in the country which they are working. However, although most labor laws would differ from one country to another sexual harassment which is part of civil rights act of 1964 is applicable in almost all country’s what differs are the terms of convictions when one is proved or plead guilty of the offence.
Recommendations Regarding response to a Charge
- They should exercise sensible care to stop and correct quickly to any sexual harassment behavior
- Changing the habit of working as serious consideration to be taken on sexual harassment.
- Sexual harassing should be included in the in the company’s policy.
- Accusation measures particularly connected to sexual harassing.
- Counseling services and facilities should be available to the victims. (The Attorney General Washington, 1998)
The Legal Liability
Mediation vs. Litigation
In the event that the EEOC investigation finds that the charge is factual with the 1995 Auto Corp’s knowledge, then there will be either mediation or litigation.
Litigation Legal Liabilities
The court might pronounce an order barring the sexual harassment deeds and giving influential relief from the effects of the deed which might comprise payback. It might also give compensatory damages that include but not restricted to psychological injury suffering, dignity loss and any other unseen injuries and disciplinary damages whose judgment is not more than $100,000 .in this subsection, discretion of the court might permit the plaintiff a sensible attorney’s fee as a fraction of the expenditure. The interpretation of the attorney’s fee is in accordance with the federal case laws that involve Title VII action. The freedom to trial by judges is reserved in any classified deed where the plaintiff is looking for compensatory or the punitive damages. (Office of the Attorney General Washington, D.C, 1998)
The mediation team might have the case hearing as long as the mediators conclude the order given by the members of mediation team not involved in the hearing of the or they might ask for that its hearing be done by the a meditative law judge. If the mediator claries that the deed of sexual harassment occurred, the mediator prohibits hence giving a relief from the acts effects that may involve payback to be paid within ninety days which may be extended by the plaintiff and the defendant. The mediators might also give the plaintiff an attorney’s fee as a fraction of the expenditure. (Office of the Attorney General Washington, D.C, 1998)
The advantage with this method to Auto Corp. is that if there is a complain that is not out of the mediation group mandate the team will at the same time with its legislative mandate try to remove remake correction the difference in a way of informal way of conference, reconciliation, and persuasions and nothing discussed to go public or used as evidence in other civil proceedings. (European Commission, 1998).
1995 Auto Corp. Prevention of Sexual Harassment Charges in Future
Following the office of the Attorney General Washington, D.C, (1998) the measures that can be taken to prevent the occurrence of sexual harassment at workplaces include the following.
Departmental rules and procedures should be improved. The departments should have ways of reporting and processing complaints of sexual harassment. By regulation all complains must be fairly and deeply investigated and final decisions made at the right time and with justice. Each office board should have sexual harassment plan that is consistent with the plan of the department. The plan should hold managers and supervisors responsible to ensure no discrimination in there areas. The plan should outline all periodic training of employees to ensure all of them are responsible to prevent ant eradicate the act. It should also outline the reputations for these found in the act.
The advisory committee initiatives should be encouraged to ensure that the department has addressed the vise comprehensively and in response to requests for additional help from some litigating divisions. The department has to have several initiatives to supplement and compliment existing rules and procedures in the department, for example develop a memorandum of employees that will be distributed together with the paychecks the stand of the corp. on sexual harassment. And also come up with a program that ensures the office boards that lack in-house investigators provided with needed resources that ensures proper harassment handling and ensure harassment complains are directly reported to the supervisors and managers.
The major ingredient of sexual harassments charge reduction is the training. The educator should communicate direct to all employees their expectations on how they deal with each other while emphasizing that stun actions will be granted to these that commit the crime. The training should be done by expertise in the vice and be offered regularly. The specific emphasize should be granted to managers, coordinators of sexual harassments and the supervisors in prevention, investigation and how to address sexual harassment.
The Involvement of the Workers Union’s Effects on Company-Union Relation
Jonathan, (1996) proposed that sexual harassing has negative effects to the victims at a level of individual welfare. Many employees who have been under duress have unconstructive effects for their work conditions like resigning, reduction in tasks, changing the place of work, affect work satisfaction negatively. So the involvement of the union will make employees see the advantage of forming their unions which have a negative impact on the company- union relation
The Methods of Improving or Maintaining Good Company- Union Labor Relationship
The 1995 Auto Corp should use recognition method to improve the relation. This method is very significant to workers as it gives motivation. The union may not effectively increase the salaries or gains but it validates the workers worthiness. The workers who have undergone sexual harassment should be recognized and encouraged to continue with life in the normal way. These that have good performance should be appreciated, so education should be conducted on managers to appreciate when it deserves. This method can create highly positive worker relations.
The company is to protect its sexually harassed and other workers from being humiliated. Sexually harassed employees are the most humiliated workers in an organization. Other managers having unfettering power initiate humiliation in the presence of worker’s peer Jonathan, (1996).