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Legal Encounter Responses Essay

1030 words - 5 pages

Legal Encounter Responses
Kati Kraft-Smith
LAW 531
Martine Anderson
University of Phoenix

Legal Encounter Responses
Introduction:
The following are responses to three potentially legal obligations to New Corp. The first deals with a potential wrongful fire of an individual known as Pat. The second a possible sexual harassment and discrimination case against Paula by an individual she use to date and consequentially her supervisor as well, Sam. Finally the third addressed OSHA regulations and what constitutes a safe work environment with Paul.
Legal Encounter 1
Title VII of the Civil Rights Act covers most issues in employment discrimination. The At Will Act cannot conflict ...view middle of the document...

New Corp could also prevent such a situation in the future by removing the Corrective Action Plan process from the organizations policies allowing the At Will contract to fully effective under any situation within the guidelines of the act.
Legal Encounter 2
Sexual harassment falls under sex discrimination within Title VII of the Civil Rights Act of 1964. The case of Sam and Paula is very serious. Paula has a strong case and action should be taken to avoid a law suit. Sam cannot state that Paula should not be transferred based on the fact that Paula “could” become pregnant. This violates two conditions within Title VII. First it is sex discrimination by not allowing her to take a job based on the fact that she is female and could become pregnant. Second even if she was pregnant New Corp could not prevent her from transfer based on this due to the Pregnancy Act of Title VII added in 1974, which prohibits “ refusing to hire or promote on the basis of pregnancy or family plans. “ (Jennings, 2006).
Sam himself suggests that Paula’s work is being affected by the situation, with Sam being the problem in the situation as Paula did ask Sam to leave her alone several times. This is strong evidence for a sexual harassment case and that Sam has created a hostile work environment for Paula. She obviously feels uncomfortable working in her current situation. This could be a huge liability to New Corp as the organization can be held liable for supervisors creating a hostile environment, which seems to be the case here. It would be in the best interest of the organization, and Paula, to allow the transfer and perhaps advise Sam to take sexual harassment training. Paula is aware of the risks that are associated with her new position and is not planning on conceiving at the time. It is the responsibility of New Corp to create a safe and harassment free work environment for all its employees.
Legal Encounter 3
Occupational Safety and Health Act of 1970 ensures that employees are protected from injury and have a safe...

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