Legal Risk and Opportunity in Employment
University of Phoenix
Business Law/LAW 531
December 13, 2009
Legal Encounter One
Pat was hired by NewCorp as a manager of real property in Vermont and relocated from another city 300 miles away from this job. Pat believes he was wrongfully discharged due to the “Notice of Unsatisfactory Performance/Corrective Action Plan” stated in the personnel manual. The personnel manual states, “If the job performance of an employee is unsatisfactory, the employee will be notified of deficiency and placed on a corrective action plan. If the employee’s performance does not improve to a satisfactory level in the specified period ...view middle of the document...
Quid pro cases consist of those in which an employee is required to submit to sexual advances in order to remain employed, secure a promotion, or obtain a raise (Jennings, 2006) .Atmosphere of harassment cases are those in which the invitations, language, pictures, or suggestions become so pervasive as to create a hostile work environment.
Paula told Sam several times to stop the harassment and to leaver her alone. The law states that employers are held responsible for the conduct of employees, which amounts to sexual harassment such as the Burlington Industries, Inc. v. Ellerth (Jennings, 2006). The fact that Sam is also suggesting that Paula’s “current situation” is affecting her performance screams sexual harassment.
Newcorp can be held liable for Sam’s actions of sexual harassment and the law further states that Newcorp has the responsibility to provide a safe work environment free of sexual harassment. Newcorp also can be held liable for discrimination based upon sex. Sam blocking Paula’s transfer to a new department based upon evidence that chemicals could harm an early state fetus being carried by a newly pregnant woman is unlawful. Newcorp needs to reverse immediately this decision and move Paula to the new department. Paula is aware of the chemicals in the area and has made the choice to transfer. It is her decision and not that of the company.
Legal Encounter Three
The Occupational Safety and Health Act created three agencies responsible for worker safety standards. The stated purpose of the act is to “assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources.” (Jennings, 2006)...