Question 1
Sexual harassment is a situation that may unreasonably interfere with individual’s work. It can also create intimidating and a hostile working environment. Sexual harassment may occur in different circumstances but not limited to the following conditions. First, the sexual harasser may not be a person of the opposite sex. Second, the victim harassed may be the victim’s supervisor, a non-employee or a supervisor in another area. Third, sexual harassment may occur without economic injury. Fourth, the victim may not only be the person who is engaged in the act, but also anyone who is offended by the act.
In Virginia’s case, she faced sexual harassment from the supervisor. It is important for the employees to take necessary steps to prevent sexual harassment. They should ensure that they communicate to their employers to prevent such cases to ensure that it is not tolerated. The employers are supposed to take immediate and appropriate actions when an employee comes up with any complain about sexual harassment. Employers should communicate with employees to ensure that sexual harassment is not tolerated (Gregory, 2003).
Firing Virginia from her work position and taking in a gentleman to replace him was a form of discrimination. However, according to the rules and regulation that were set, Virginia was supposed to file her complain on the website. Although, on during the NJ Human Rights hearing she said that the website had a problem when she tried to file a case. Moreover, it is unlawful to retaliate against any individual for opposing some of the employment policies based on discrimination and sexual harassment. As stated in Civil Rights Act of 1964 Title VII (Gruber, 2005).
Question 2
Sexual harassment is a form of unwelcomed sexual advances that may create a hostile working environment. It can either be in the form of verbal communication or direct physical conduct. Pollard was a victim of direct physical sexual harassment. A sexual harassment raised in 1991 in the Supreme court Justice by Anita Hill raised an alarm on sexual harassment (Muller, 2008). The plaintiffs involved in Anita’s case created a humiliating and sexual offensive environment. Sexual harassment is violated when the conduct is made quid pro quo or a hostile environment that is the condition of employment. The condition is sometimes referred to as quid pro quo sexual harassment.
In a quid pro quo case, the superior may demand special favors and may threaten the party involved of dismissal from work if the demands are not met. On the other hand, in the hostile environment case, the employee is exposed to offensive sexual jokes or talk. In this case, there is no threat to unemployment. Pollard in this case experienced quid pro quo because she was competent in her work, but she received sexual harassment. Disparate treatment is a situation that an employee experiences illegal employment discrimination. It can be in form of gender, race age, or any other trait. Pollard’s discrimination was based on gender. She was the only lady working in the company, and she was discriminated in terms of sexual harassment.
Question 3
Cases involving employees should be presented in a simple way to ensure that they are dealt with swiftly. Thus, the organization should come up with a program that could easily enable the employees to present their cases. Technical problems on the website should not prevent the employees from receiving their rights.
Question 4
If Pollard would be replaced by a female her case would be different. Giving Pollard’s position to a man was a form of discrimination. The company was now composed of men, and no female worker was in the organization. Women are supposed to receive equal opportunities in the workplace (Gruber, 2005). The disparate treatment issue would be minimal making it easy to solve the problem at hand.
References
Gregory, R. F. (2003). Women and workplace discrimination: Overcoming barriers to gender equality. New Brunswick, NJ [u.a.: Rutgers Univ. Press.
Gruber, J. E. (2005). In the company of men: Male dominance and sexual harassment. Boston: Northeastern Univ. Press.
http://books.google.co.ke/books?id=_PVBA3eCsYcC&printsec=frontcover&dq=sexual+harrassment&hl=en&sa=X&ei=WlKDVJbdBorxUum9hOAI&redir_esc=y#v=onepage&q=sexual%20harrassment&f=false
Müller, S. (2008). Sexual Harrassment in the Working Place: Assignment for the LLM course Employment Discrimination : seminar paper.
